You’re Part of Our Team…

Longwall West Inc.

As a member of Longwall West’s team, you will be expected to contribute your talents and energies to improve the environment and quality of the company, as well as the company’s products and services. In return, you will be given opportunities to grow and advance in your career.

Longwall West is dedicated to two standards:

To provide our customers with the best quality products and services at the best prices with the best service.

To provide you with wages and benefits comparable to others doing similar work within the industry and within the region.

At Longwall West, we always put safety first. We believe it is our duty to provide you with as safe a workplace as we possibly can. For your protection, we have an in-house safety inspection program. We also have a substance abuse policy, because you have a right to know you can depend on your co-workers.

The only things we require for employment, compensation, advancement, and benefits are performance and a good team attitude; however, all employment at Longwall West is “at will.” No one will be denied opportunities or benefits on the basis of age, sex, color, race, creed, national origin, religious persuasion, marital status, political belief, or disability that does not prohibit performance of essential job functions; nor will anyone receive special treatment for those reasons.

Your Various Benefits With Longwall West

You may not have thought about it, but the value of your benefits amounts to a considerable sum each year in addition to the wages or salary you earn.

These are just some of the benefits Longwall West provides for eligible employees each year:

Disability Leave of Absence

Employee Purchases (Discounts on Company Merchandise)

Funeral (Bereavement) Leave

Health Care/Hospitalization Insurance

Paid Holidays

Paid Vacations

Profit Sharing Plan

Sick Leave

Social Security

Unemployment Compensation Insurance

Worker’s Compensation Insurance

That’s a lot to think about!

Purpose of This Manual

This Manual has been prepared to inform you about Longwall West’s history, philosophy, employment practices, and policies, as well as the benefits provided to you as a valued employee and the conduct expected from you.

No employee manual can answer every question, nor would we want to restrict the normal question and answer interchange among us. It is in our person-to-person conversations that we can better know each other, express our views, and work together in a harmonious relationship.

We hope this Manual will help you feel comfortable with us. We depend on you—your success is our success. Please don’t hesitate to ask questions. Your manager will gladly answer them. We believe you will find Longwall West a good place to work.

We ask that you read this Manual carefully, and refer to it whenever questions arise. We also suggest that you take it home so your family can become familiar with Longwall West and our policies.

Longwall West’s policies, benefits and rules, as explained in this Manual, may be changed from time to time as business, employment legislation, and economic conditions dictate. If and when provisions are changed, you will be given replacement pages for those that have become outdated. A copy will also be placed on our bulletin boards.

Notice

The policies in this Manual are to be considered as guidelines. Longwall West, at its option, may change, delete, suspend, or discontinue any part or parts of the policies in this Manual at any time without prior notice. Any such action shall apply to existing as well as future employees with continued employment being the consideration between the employer and employee. Employees may not accrue eligibility for monetary benefits that they have not earned through actual time spent at work. Employees shall not accrue eligibility for any benefits, rights, or privileges beyond the last day worked. No one other than the President of Longwall West may alter or modify any of the policies in this Manual. No statement or promise by a supervisor, manager, or department head may be interpreted as a change in policy nor will it constitute an agreement with an employee.

Should any provision in this Employee Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Employee Manual, but only the subject provision.

Receipt & Acknowledgement

of Longwall West Employee Manual

This Employee Manual is an important document intended to help you become acquainted with Longwall West. This Manual will serve as a guide; it is not the final word in all cases. Individual circumstances may call for individual attention.

Because the general business atmosphere of Longwall West and economic conditions are always changing, the contents of this Manual may be changed at any time at the discretion of Longwall West. No changes in any benefit, policy or rule will be made without due consideration of the mutual advantages, disadvantages, benefits and responsibilities such changes will have on you as an employee and on Longwall West.

Please read the following statements and sign below to indicate your receipt and acknowledgement of the Longwall West Employee Manual.

I have received and read a copy of the Longwall West Employee Manual. I understand that the policies, rules and benefits described in it are subject to change at the sole discretion of Longwall West at any time.

I further understand that my employment is terminable at will, either by myself or Longwall West, regardless of the length of my employment or the granting of benefits of any kind, including but not limited to profit sharing benefits which provide for vesting based upon length of employment

I understand that no contract of employment other than “at will” has been expressed or implied, and that no circumstances arising out of my employment will alter my “at will” employment relationship unless expressed in writing, with the understanding specifically set forth and signed by myself and the President of Longwall West.

I am aware that during the course of my employment confidential information will be made available to me, i.e., product designs, marketing strategies, customer lists, pricing policies and other related information. I understand that this information is critical to the success of Longwall West and must not be given out or used outside of Longwall West’s premises or with non-Longwall West employees. In the event of termination of employment, whether voluntary or involuntary, I hereby agree not to utilize or exploit this information with any other individual or company.

I understand that, should the content be changed in any way, Longwall West may require an additional signature from me to indicate that I am aware of and understand any new policies.

I understand that my signature below indicates that I have read and understand the above statements and have received a copy of the Longwall West Employee Manual.

Employee’s Printed Name Position

Employee’s Signature Date

Manager’s Signature Date

The signed original copy of this agreement should be given to your manager—it will be filed in your personnel file.

Table of Contents

An Overview of Longwall West

What You Can Expect From Longwall West...……………………………12

What Longwall West Expects From You....……………………………….14

Employment

Personnel Administration…………………………………………………..15

Your Personnel File...……………………………………………………………17

Employment Classifications………………………………………………..18

Full-Time Employees…………………………………………………………….18

Part-Time Employees…………………………………………………………….18

Temporary Employees…...………………………………………………………18

“Non-Exempt” and “Exempt” Employees……………………………………….19

Employment Policies……………………………………………………….20

Anniversary Date………………………………………………………………...20

Aptitude & Ability Tests………………………………………………………...20

At Will Employment…………………………………………………………….20

Bonding Requirement…………………………………………………………...20

Business Hours…………………………………………………………………..20

Confidential Information………………………………………………………...21

Credit Investigation………………………………………………………….…..21

Customer Relations………………………………………………………….…..22

Driver’s License & Driving Record……………………………………………..22

Drug Screening………………………………………………………………….22

Equal Employment Opportunity…………………………………………….…..23

Harassment………………………………………………………………….…...24

Health Examinations………………………………………………………….…25

How You Were Selected…………………………………………………….…..25

Introductory Period………………………………………………………………25

Knowledge of Longwall West…………………………………………………..26

Outside Employment…………………………………………………………….26

Proof of U.S. Citizenship and/or Right to Work………………………………...27

Relatives…………………………………………………………………………27

Standards of Conduct………………………………………………………29

Disciplinary Actions……………………………………………………………..31

Dismissal…………………………………………………………………………34

Compensation & Performance

Wage & Salary Policies…………………………………………………….34

Call Back Pay........................................................................................................36

Computing Pay......................................................................................................36

Deductions From Paycheck (Mandatory)..............................................................36

Deductions (Other)/Direct Deposit........................................................................37

Error in Pay............................................................................................................37

Meal Policy………………………………………………………………………37

Overtime Pay.........................................................................................................37

Pay Period & Hours...............................................................................................38

Reporting Time Pay—Inclement Weather & “Acts of God”................................39

Termination & Severance Pay...............................................................................39

Time Cards/Records...............................................................................................39

Wage Assignments (Garnishments).......................................................................40

Performance & Compensation Reviews.......................................................40

Performance Reviews............................................................................................41

Compensation Reviews.........................................................................................41

Work Schedule..............................................................................................41

Absence of Lateness..............................................................................................41

Attendance.............................................................................................................42

Breaks/Rest Periods...............................................................................................42

Closure After Starting Time...................................................................................42

Closure Prior to Starting Time...............................................................................43

Excessive Absenteeism or Lateness.......................................................................43

Lunch Period..........................................................................................................43

Lunch Room Facility.............................................................................................43

Record of Absence or Lateness..............................................................................44

Benefits

The Benefits Package....................................................................................45

Eligibility for Benefits...........................................................................................47

Paid Leaves of Absence...............................................................................47

Holidays.................................................................................................................48

Recognized Holidays.................................................................................48

Holiday Policies.........................................................................................48

Vacations................................................................................................................48

Amount of Vacation...................................................................................49

Vacation Policies.......................................................................................49

Accumulation Rights.................................................................................50

Other Paid Leaves..................................................................................................50

Funeral (Bereavement) Leave....................................................................50

Jury Duty....................................................................................................51

Personal Days.............................................................................................51

Unpaid Leaves of Absence............................................................................51

Family/Medical Leave of Absence........................................................................52

Disability (Including Pregnancy) Leave of Absence.............................................54

Educational Leave of Absence...............................................................................55

Election Day...........................................................................................................55

Military Leave of Absence.....................................................................................55

Military Reserves or National Guard Leave of Absence.......................................55

Accepting Other Employment or Going Into Business

While on Leave of Absence...............................................................................56

Insurance Premium Payment During Leaves of Absence......................................56

Insurance Coverage............................................................................................................57

Group Insurance.....................................................................................................57

Health Insurance....................................................................................................57

Termination of Insurance.......................................................................................58

Government Required Coverage........................................................................................58

Workers’ Compensation........................................................................................58

Unemployment Compensation...............................................................................61

Social Security.......................................................................................................61

Profit Sharing & Retirement..............................................................................................61

Profit Sharing Plan.................................................................................................61

Other Benefits....................................................................................................................62

Education/Training

(Attending Seminars/Training Sessions).............................................................62

Employee Assistance Program..............................................................................62

Employee Gift Fund..............................................................................................63

Employee Purchases..............................................................................................63

Flower Policy.........................................................................................................64

Other Policies

Bonuses..................................................................................................................66

Borrowing Tools & Equipment.............................................................................66

Bulletin Boards......................................................................................................66

Communications....................................................................................................66

Community Activities............................................................................................67

Company Meetings................................................................................................68

Computer Software (Unauthorized Copying)........................................................68

Contributions.........................................................................................................69

Conversion Privileges............................................................................................69

Department Meetings.............................................................................................69

Discounting............................................................................................................69

Dress Code/Personal Appearance..........................................................................70

Employee Referral.................................................................................................71

Entering & Leaving the Premises..........................................................................71

Exit Interviews.......................................................................................................71

Expense Reimbursement........................................................................................71

First Aid.................................................................................................................72

Gifts........................................................................................................................72

Grievances..............................................................................................................72

Housekeeping.........................................................................................................73

Inspection of Packages...........................................................................................73

Labor Unions.........................................................................................................73

Layoff & Recall.....................................................................................................74

Life-Threatening Illnesses.....................................................................................74

Managers................................................................................................................75

Open Door Policy & Counseling...........................................................................75

Outside Activities...................................................................................................75

Parking Lot.............................................................................................................76

Payroll Advances...................................................................................................76

Personal Phone Calls & Mail.................................................................................77

Personal Property...................................................................................................77

Personal Use of Company Property.......................................................................77

Promotion Policy...................................................................................................77

Property & Equipment Care...................................................................................78

Resignation............................................................................................................78

Restricted Areas.....................................................................................................78

Return of Company Property.................................................................................78

Safety Rules...........................................................................................................79

Safety Rules When Operating Machines & Equipment........................................80

Security..................................................................................................................81

Seniority.................................................................................................................81

Smoking.................................................................................................................81

Solicitations & Distributions.................................................................................81

Substance Abuse....................................................................................................82

Suggestions............................................................................................................83

Theft.......................................................................................................................84

Traffic Violations...................................................................................................85

Use of Company Vehicle.......................................................................................85

Visitors...................................................................................................................86

Violations of Policies.............................................................................................86

What You Can Expect From Longwall West

Longwall West’s Established employee relations policy is to:

Operate an economically successful business so that a consistent level of steady work is available.

Select people on the basis of skill, training, ability, attitude, and character without discrimination with regard to age, sex, color, race, creed, national origin, religious persuasion, marital status, political belief, or disability that does not prohibit performance of essential job functions.

Pay all employees according to their effort and contribution to the success of our business.

Review wages, employee benefits and working conditions constantly with the objective of providing maximum benefits in these areas, consistent with sound business practices.

Provide paid vacations and holidays to all eligible employees.

Provide eligible employees with medical, disability, retirement and other benefits.

Dedicate ourselves to “Total Quality” (Corning), “Constant and Never-ending Improvement” (CANI—Anthony Robbins).

Develop competent people who understand and meet our objectives, and who accept with open minds the ideas, suggestions and constructive criticisms of fellow employees.

Assure employees, after talking with their manager, an opportunity to discuss any problem with officers of Longwall West.

Make prompt and fair adjustment of any complaints which may arise in the everyday conduct of our business, to the extent that is practicable.

Respect individual rights, and treat all employees with courtesy and consideration.

Maintain mutual respect in our working relationship.

Provide buildings and offices that are attractive, comfortable, orderly and safe.

Promote employees on the basis of their ability and merit.

Make promotions or fill vacancies from within Longwall West whenever possible.

Keep all employees informed of the progress of Longwall West, as well as the company’s overall aims and objectives.

Do all these things in a spirit of friendliness and cooperation so that Longwall West will continue to be known as “a great place to work!”

What Longwall West Expects From You

Your first responsibility is to know your own duties and how to do them promptly, correctly, and pleasantly. Secondly, you are expected to cooperate with management and your fellow employees and maintain a good team attitude. How you interact with fellow employees and those whom Longwall West serves, and how you accept direction can affect the success of your department. In turn, the performance of one department can impact the entire service offered by Longwall West. Consequently, whatever your position, you have an important assignment: perform every task to the very best of your ability. The result will be better performance for the company overall, and personal satisfaction for you.

You are encouraged to grasp opportunities for personal development that are offered to you. This Manual offers insight on how you can positively perform to the best of your ability to meet and exceed Longwall West expectations.

We strongly believe you should have the right to make your own choices in matters that concern and control your life. We believe in direct access to management. We are dedicated to making Longwall West a company where you can approach your manager, or any member of management, to discuss any problem or question. We expect you to voice your opinions and contribute your suggestions to improve the quality of Longwall West. (Please take a look at the section describing the submission of Suggestions.) We’re all human, so please communicate with each other and with management.

Remember, you help create the healthful, pleasant and safe working conditions that Longwall West intends for you. Your dignity and that of fellow employees, as well as that of our customers, is important.

Longwall West needs your help in making each working day enjoyable and rewarding.

Employment

Personnel Administration

Your Personnel File

Employment Classifications

Full-Time Employees

Part-Time Employees

Temporary Employees

“Non-Exempt” and “Exempt” Employees

Employment Policies

Anniversary Date

Aptitude & Ability Tests

At Will Employment

Bonding Requirement

Business Hours

Confidential Information

Credit Investigation

Customer Relations

Driver’s License & Driving Record

Drug Screening

Equal Employment Opportunity

Former Employees

Harassment

Health Examinations

How You Were Selected

Introductory Period

Job Descriptions

Knowledge of Longwall West

Non-Compete Agreement

Outside Employment

Proof of U.S. Citizenship and/or Right to Work

Relatives

Salesperson Agreement

Security Checks

Spouse Accepts Employment From a Competitor

Spouse Works For a Competitor

We Need Your Ideas

Standards of Conduct

Disciplinary Actions

Dismissal

Personnel Administration

The task of handling personnel records and related personnel administration functions at Longwall West has been assigned to your manager. Questions regarding insurance, wages, and interpretation of policies may be directed to your manager.

Your Personnel File

Keeping your personnel file up-to-date can be important to you with regard to pay, deductions, benefits and other matters. If you have a change in any of the following items, please be sure to notify your manager as soon as possible:

Legal name

Home address

Home telephone number

Person to call in case of emergency

Number of dependents

Marital status

Change of beneficiary

Driving record or status of driver’s license, if you operate any Longwall West vehicles

Military or draft status

Exemptions on your W-4 form

Coverage or benefits that you and your family may receive under Longwall West’s benefits package could be negatively affected if the information in your personnel file is incorrect.

Since Longwall West refers to your personnel file when we need to make decisions in connection with promotions, transfers, layoffs and recalls, it’s to your benefit to be sure your personnel file includes information about completion of educational or training courses, outside civic activities, and areas of interest and skills that may not be part of your current position here.

You may see information which is kept in your own personnel file if you wish, and you may request and receive copies of all documents you have signed. Please ask your manager to make arrangements for you.

Employment Classifications

Full-Time Employees

At the time you are hired, you are classified as either full-time, part-time, or temporary and are also told whether you qualify for overtime pay. Unless otherwise specified, the benefits described in this Manual apply only to full-time employees. All other policies described in this Manual and communicated by Longwall West apply to all employees, with the exception of certain wage, salary, and time off limitations applying only to “non-exempt” (see the definition that follows) employees. If you are unsure of which job classification your position fits into, please ask your manager.

An employee who has successfully completed the Introductory Period (see the Employment Policies section for definition) of employment and who works at least thirty (30) hours per week is considered a full-time employee.

If you were a full-time employee and were laid off, you will be considered a full-time employee upon return to work, provided that you were not on layoff for longer than one (1) year.

If you were a full-time employee and have been on an approved leave of absence, upon return you will be considered a full-time employee, provided you return to work as agreed in the provisions of your leave.

Part-Time Employees

An employee who works less than a regular thirty (30) hour work week is considered a part-time employee. If you are a part-time employee, please understand that you are not eligible for benefits described in this Manual, except as granted on occasion, or to the extent required by provision of state and federal laws.

Temporary Employees

From time to time, Longwall West may hire employees for specific periods of time or for the completion of a specific project. An employee hired under these conditions will be considered a temporary employee. The job assignment, work schedule, and duration of the position will be determined on an individual basis.

Normally, a temporary position will not exceed six (6) months in duration, unless specifically extended by a written agreement. Summer employees are considered temporary employees.

If you are a temporary employee, please understand that you are not eligible for benefits

described in this Manual, except as granted on occasion, or to the extent required by provision of state and federal laws. Those temporary employees classified as “non-exempt” (see definition that follows) who work more than forty (40) hours per during any work week will receive overtime pay.

“Non-Exempt” and “Exempt” Employees

At the time you are hired, all employees are classified as either “exempt” or “non-exempt.” This is necessary because, by law, employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours per work week. These employees are referred to as “non-exempt” in this Manual. This means that they are not exempt from (and therefore should receive) overtime pay.

Note: See “Wage & Salary Policies” in the “Compensation & Performance” section of this Manual for a full description of overtime payment policies.

Exempt employees are managers, executives, professional staff, technical staff, outside sales representatives, officers, directors, owners and others whose duties and responsibilities allow them to be “exempt” from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws. If you are an exempt employee, you will be advised that you are in this classification at the time you are hired, transferred, or promoted.

Employment Policies

Whether you are a new hire or a former employee returning to Longwall West, you may feel a little strange in your new surroundings. This s a normal feeling and is expected. Your fellow employees, especially your manager, want to help you get off to a good start. Feel free to ask them for help concerning anything you don’t understand.

One of the first things you should do is carefully read this Manual. It is designed to answer many of your questions about the practices and policies of Longwall West, what you can expect from Longwall West, and what Longwall West expects from you.

Anniversary Date

The first day you report to work is your “official” anniversary date. Your anniversary date is used to compute various conditions and benefits described in this Manual.

Aptitude & Ability Tests

If you have a disability which will affect your ability to take such a test, it is important that you advise a Company representative of this so that a reasonable accommodation can be arranged. Requested accommodations may include accessible testing sites, modified testing conditions, and accessible testing formats. Longwall West reserves the right to require medical documentation concerning the need for the accommodation.

At Will Employment

All employment and compensation with Longwall West is “at will” which means that your employment can be terminated with or without cause, and with or without notice, at any time, at the option of either Longwall West or yourself, except as otherwise provided by law.

Bonding Requirement

Under certain circumstances, Longwall West may require that you be bonded. It is your responsibility to assure that you are bondable. Longwall West will pay the cost of bonding. Should you fail to maintain these qualifications, you will be subject to transfer to another position, if available, or dismissal.

Business Hours

Our regular office hours are 7:30 A.M. to 5 P.M. Monday through Friday.

Your particular hours of work and the scheduling of your lunch period will be determined

and assigned by your manager or department head. Most employees are assigned to work a forty (40) hour work week. You are required to take a one (1) hour unpaid lunch period daily; please understand that you may not “work through lunch” in order to arrive late or to leave early or to work extra time.

Confidential Information

Our customers and suppliers entrust Longwall West with important information relating to their businesses. The nature of this relationship requires maintenance of confidentiality. In safeguarding the information received, Longwall West earns the respect and further trust of our customers and suppliers.

Your employment with Longwall West assumes an obligation to maintain confidentiality, even after you leave our employ.

Any violation of confidentiality seriously injures Longwall West’s reputation and effectiveness. Therefore, please do not discuss Longwall West business with anyone who does not work for us, and never discuss business transactions with anyone who does not have a direct association with the transaction. Even casual remarks can be misinterpreted and repeated, so develop the personal discipline necessary to maintain confidentiality. If you hear, see, or become aware of anyone else breaking this trust, consider what they might do with information they get from you.

If you are questioned by someone outside the company or your department and you are concerned about the appropriateness of giving them certain information, remember that you are not required to answer, and that we do not wish you to do so. Instead, as politely as possible, refer the request to your manager or to the President.

No one is permitted to remove or make copies of any Longwall West records, reports, or documents without prior management approval.

Because of its seriousness, disclosure of confidential information could lead to dismissal.

Credit Investigation

Following the requirements imposed by the Federal-Truth-In-Lending and the Fair Credit Reporting Acts, Longwall West conducts a pre-employment credit check on all applicants who offered and who accept an offer of employment.

Your employment with us may be conditional upon our review of the information in the credit check. Longwall West reserves the right to conduct this credit check at any time after you have been employed. Remember, you have certain legal rights to discover and to dispute or explain any information prepared by the credit checking company.

Customer Relations

The success of Longwall West depends upon the quality of the relationships between Longwall West, our employees, our customers, our suppliers, and the general public. Our customers’ impression of Longwall West and their interest and willingness to purchase from us is greatly formed by the people who serve them. In a sense, regardless of your position, you are Longwall West’s ambassador. The more goodwill you promote, the more our customers will respect and appreciate you, Longwall West and Longwall West’s products and services.

Here are several things you can do to help give customers a good impression of Longwall West:

Act competently and deal with customers in a courteous and respectful manner.

Communicate pleasantly and respectfully with other employees at all times.

Follow up on orders and questions promptly, provide businesslike replies to inquiries and requests, and perform all duties in an orderly manner.

Take great pride in your work and enjoy doing your very best.

These are the building blocks for your and Longwall West’s continued success. Thank you for adding your support.

Driver’s License & Driving Record

Employees whose work requires operation of a motor vehicle must present and maintain a valid driver’s license and a driving record acceptable to our insurer. You will be asked to submit a copy of your driving record to Longwall West from time to time. Any changes in your driving record must be reported to the personnel department immediately. Failure to do so may result in disciplinary action, including possible dismissal.

Note: See “Traffic Violations” and “Use of Company Vehicle” in the “Other Policies” section of this Manual for further information.

Drug Screening

As part of the hiring process of Longwall West, all commercial motor vehicle driver applicants will be required to submit a drug screening test, paid for by Longwall West. In order to he hired, Longwall West must receive verified negative test results for the applicant driver. (Required by FMCSR Section 382.301).

If hired the applicant will be subjected to laws requiring additional controlled substances and alcohol testing on numerous situations including, but not limited to the following: Post Accident, Random, Reasonable suspicion, and/or Follow-up.

Any driver who tests positive to a controlled substance(s) and/or alcohol test, will be immediately removed from a safety-sensitive position as required by Part 382 of the FMCSR. Federal law prohibits a driver from returning to a safety-sensitive position for any motor carrier until and unless the driver completes the Substance Abuse Professionals (SAP) evaluation, referral and education/treatment process as described in FMCSR Part 40, Subpart 0.

Equal Employment Opportunity

Longwall West has a long standing record of nondiscrimination in employment and opportunity because of race, color, religion, creed, national origin, ancestry, disability, sex, or age. The President has issued the following policy stating the Company’s views in this matter:

It is the policy of Longwall West to:

Strictly follow personnel procedures that will ensure equal opportunity for all people without regard to race, color, religion, creed, national origin, sex, age, ancestry, marital status, disability, veteran, or draft status.

Comply with all the relevant and applicable provisions of the Americans with Disabilities Act (“ADA”). Longwall West will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person’s physical or mental disability.

Make reasonable accommodations wherever necessary for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the duties and assignments connected with the job and provided that any accommodations made do not require significant difficulty or expense.

Achieve understanding and acceptance of Longwall West’s policy on Equal Employment Opportunity by all employees and by the communities in which the company operates.

Thoroughly investigate instances of alleged discrimination and take corrective action if warranted.

Be continually alert to identify and correct any practices by individuals that are at variance with the intent of the Equal Employment Opportunity Policy.

At this time, Longwall West would like to reaffirm this policy and call upon all personnel to effectively pursue the policy as stated.

Please check the employee information bulletin board for all related equal opportunity and job announcements.

Note: Throughout this Employee Manual, masculine pronouns such as he, his, or him shall be construed so as to include both sexes.

Harassment Policy

Longwall West intends to provide a work environment that is pleasant, healthful, comfortable, and free from intimidation, hostility, or other offenses which might interfere with work performance. Harassment of any sort – verbal, physical, visual – will not be tolerated.

What Is Harassment?

Harassment can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation, physical contact, or violence. Harassment is not necessarily sexual in nature.

Sexually harassing conduct may include unwelcome sexual advances, requests for sexual favors, or any other verbal or physical contact of a sexual nature that prevents an individual from effectively performing the duties of their position or creates an intimidating, hostile, or offensive working environment, or when such conduct is made a condition of employment or compensation, either implicitly or explicitly.

Responsibility

All Longwall West employees, and particularly managers, have a responsibility for keeping our work environment free of harassment. Any employee who becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to their immediate manager or any management representative with whom they reel comfortable. When management becomes aware that harassment might exist, it is obligated by law to take prompt and appropriate action, whether or not the victim wants the company to do so.

Reporting

Any incidents of harassment must be immediately reported to a manager or other

management representative. Appropriate investigation and disciplinary action will be taken. All reports will be promptly investigated with due regard for the privacy of everyone involved. Any employee found to have harassed a fellow employee or subordinate will be subject to severe disciplinary action or possible discharge. Longwall West will also take any additional action necessary to appropriately remedy the situation. No adverse employment action will be taken for any employee making a good faith report of alleged harassment.

Longwall West accepts no liability for harassment of one employee by another employee. The individual who makes unwelcome advances, threatens or in any way harasses another employee is personally liable for such actions and their consequences. Longwall West will not provide legal, financial, or any other assistance to an individual accused of harassment if a legal complaint is filed.

Health Examination

Longwall West reserves the right to require an employee to participate in a health examination to determine the employee’s fitness to perform his/her essential job functions. All such health exams shall be paid for by the company.

How You Were Selected

We carefully select our employees through written application, personal interview, and reference checks. After all available information was carefully considered and evaluated, you were selected to become a member of our team.

This careful selection process helps Longwall West to find and employ people who are concerned with their own personal success and the success of Longwall West; people who want to do a job well and who can carry on their work with skill and ability; and people who are comfortable with Longwall West and who can work well with our team.

Introductory Period

Your first ninety (90) days of employment at Longwall West are considered an Introductory Period, and during that period you will not accrue benefits described in this Manual unless otherwise required by law. This Introductory Period will be a time for getting to know your fellow employees, your manager and the tasks involved in your job position, as well as becoming familiar with Longwall West’s products and services. Your manager will work closely with you to help you understand the needs and processes of your job.

This Introductory Period is a try-out time for both you, as an employee, and Longwall West, as an employer. During this Introductory Period, Longwall West will evaluate your suitability for employment, and you can evaluate Longwall West as well. At any time during this first ninety (90) days, you may resign without any detriment to your record. If, during this period, your work habits, attitude, attendance or performance do not measure up to our standards, we may release you. If you take approved time off in excess of five workdays during the Introductory Period, the Introductory Period may be extended by that length of time.

At the end of the Introductory Period, your manager will discuss your job performance with you. This review will be much the same as the normal job performance review that is held for regular full-time or part-time employees on an annual basis. During the course of the discussion, you are encouraged to give your comments and ideas as well.

Please understand that completion of the Introductory Period does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for “cause”.

A former employee who has been rehired after a separation from Longwall West of more than one (1) year is considered an introductory employee during their first ninety (90) days following rehire.

Knowledge of Longwall West

After having learned to competently perform your own duties, your next step is to familiarize yourself with other Longwall West activities. This can prove valuable to you, our customers, and Longwall West as well. Longwall West may provide additional “cross-training.”

Knowledge of the services and products of Longwall West will help you avoid the “I don’t know” syndrome. Our customers’ confidence in you increases as you are able to answer their basic questions. However, please don’t pretend you know the answer or try to guess the answer when you are uncertain. If you are unsure of the correct information, refer the inquiry to your manager, or to a person more qualified to respond.

Outside Employment

What you do on your free time is your own business. However, if you are employed by Longwall West in a full-time position, Longwall West will expect that your position here is your primary employment. Any outside activity must not interfere with your ability to properly perform your job duties at Longwall West.

If you are thinking of taking a second job, it would be wise to notify your manager immediately. He or she will thoroughly discuss this opportunity with you to make sure that it will not interfere with your job at Longwall West nor pose a conflict of interest.

Proof of U.S. Citizenship and/or Right to Work

Federal regulations require that 1) before becoming employed, all applicants must complete and sign Federal Form I-9, Employment Eligibility Verification Form; and 2) all applicants who are hired need to present documents of identity and eligibility to work in the U.S.

Relatives

If you and members of your immediate family are employed by Longwall West, one may not supervise the other nor may they work in the same department. If the employees are unable to develop a workable solution, the President of Longwall West will decide which employee may be transferred in such situations. For purposes of this section, your immediate family includes your spouse, your children, your siblings, your parents, your grandparents, and your spouse’s children, siblings, parents, and grandparents.

Should two present employees that work together or supervise each other enter into a personal, non-work related relationship, one or both employees may have to be transferred.

Employees working in the Personnel department may not be related to employees working outside that department.

Salesperson Agreement

When you are hired in or promoted to the position of salesperson, you will be asked to sign an agreement that cites certain terms and conditions regarding your position as a salesperson. The purpose of this agreement, among other things, is to clearly establish the terms for commission payment, territory assignment, etc.

Security Checks

Longwall West may exercise its right to inspect all packages and parcels entering and leaving our premises.

We Need Your Ideas

Ask any of our employees who have worked with us for a long time and they will probably tell you of the many changes and improvements that have come about in their departments since they first joined us. We believe the person doing a job is in the best position to think of ways of doing it more easily, more efficiently, and more effectively. If you think of a better way of doing your job or the job of a fellow employee, discuss it with your manager, who will welcome your suggestions and ideas.

Remember, there may be areas in Longwall West operation that can be improved. These could be in service, production methods, equipment, communications, safety, ways to reduce costs, losses, and/or waste, or other improvements you may see a need for. Please give us the benefit of your unique experience and thoughts. Your contributions, as well as those of others, could expand your profit sharing! Also, make sure to document your innovations and money-saving efforts and have them placed in your personnel file (include dates, detailed descriptions of your contributions, estimates from the accounting department regarding cost savings or profits generated, etc.)—these may favorably affect your wage, salary or promotion reviews.

Standards of Conduct

Whenever people gather together to achieve goals, some rules of conduct are needed to help everyone work together efficiently, effectively, and harmoniously. Some people have problems with “rules” and “authority figures,” and past experience may have justified these thoughts and feelings; however, at Longwall West, we hold ourselves to a high standard of quality where the rules and authority figures simply assure that quality is maintained.

By accepting employment with us, you have a responsibility to Longwall West and to your fellow employees to adhere to certain rules of behavior and conduct. The purpose of these rules is not to restrict your rights, but rather to be certain that you understand what conduct is expected and necessary. When each person is aware that he or she can fully depend upon fellow workers to follow the rules of conduct, then our organization will be a better place to work for everyone.

Disciplinary Actions

Unacceptable Activities

Generally speaking, we expect each person to act in a mature and responsible way at all times. However, to avoid any possible confusion, some of the more obvious unacceptable activities are noted below. Your avoidance of these activities will be to your benefit as well as the benefit of Longwall West. If you have any questions concerning any work or safety rule, or any of the unacceptable activities listed, please see your manager for an explanation.

Occurrences of any of the following violations, because of their seriousness, may result in immediate dismissal without warning:

Willful violation of any company rule; any deliberate action that is extreme in nature and is obviously detrimental to Longwall West’s efforts to operate profitable.

Willful violation of security or safety rules or failure to observe safety rules or Longwall West’s safety practices; failure to wear required safety equipment; tampering with Longwall West equipment or safety equipment.

Negligence or any careless action which endangers the life or safety of another person.

Being intoxicated or under the influence of controlled substance drugs while at work; use or possession or sale of controlled substance drugs in any quantity while on company premises except medications prescribed by a physician which do not impair work performance.

Unauthorized possession of dangerous or illegal firearms, weapons, or explosives on company property or while on duty.

Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on company premises or when representing Longwall West; fighting, or horseplay or provoking a fight on company property, or negligent damage of property.

In subordination or refusing to obey instructions properly issued by your manager pertaining to your work; refusal to help out on a special assignment.

Threatening, intimidating, or coercing fellow employees on or off the premises—at any time, for any purpose.

Engaging in an act of sabotage; willfully or with gross negligence causing the destruction or damage of company property, or the property of fellow employees, customers, suppliers, or visitors in any manner.

Theft of company property or the property of fellow employees; unauthorized possession or removal of any company property, including documents, from the premises without prior permission from management; unauthorized use of company equipment or property for personal reasons; using company equipment for profit.

Dishonesty; willful falsification or misrepresentation on your application for employment or other work records; lying about sick or personal leave; falsifying reason for a leave of absence or other data requested by Longwall West; alteration of company records or other company documents.

Violating the non-disclosure agreement; giving confidential or proprietary Longwall West information to competitors or other organizations or to unauthorized Longwall West employees; working for a competing business while a Longwall West employee; breach of confidentiality of personnel information.

Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; willfully restricting work output or encouraging others to do the same.

Immoral conduct or indecency on company property.

Conducting a lottery or gambling on company premises.

Occurrences of any of the following activities, as well as violations of any Longwall West rules or policies, may be subject to disciplinary action, including possible immediate dismissal. This list is not all-inclusive and, notwithstanding this list, all employees remain employed “at will.”

Unsatisfactory or careless work; failure to meet production or quality standards as explained to you by your manager; mistakes due to carelessness or failure to get necessary instructions.

Any act of harassment, sexual, racial or other; telling sexist or racial-type jokes; making racial or ethnic slurs.

Leaving work before the end of a workday or not being ready to work at the start of a workday without approval of your manager; stopping work before time specified for such purposes.

Sleeping on the job; loitering, or loafing during working hours.

Leaving your work station during your work hours without the permission of your manager, except to use the rest room.

Smoking in restricted areas or at non-designated times, as specified by department rules.

Creating or contributing to unsanitary conditions.

Posting, removing, or altering notices on any bulletin board on company property without permission of an officer of Longwall West.

Failure to report an absence or late arrival; excessive absence or lateness.

Filling your own order or invoicing or ringing up your own order.

Buying company merchandise for resale.

Obscene or abusive language toward any manager, employee or customer; indifference or rudeness towards a customer or fellow employee; any disorderly/antagonistic conduct on company premises.

Speeding or careless driving of a forklift or any other company vehicles.

Failure to immediately report damage to, or an accident involving company equipment.

Soliciting during working hours and/or in working areas; selling merchandise or collecting funds of any kind for charities or others without authorization during business hours, or at a time or place that interferes with the work of another employee on company premises.

Failure to maintain a neat and clean appearance in terms of the standards established by your manager; any departure from accepted conventional modes of dress or personal grooming; wearing improper or unsafe clothing.

Eating food and beverages in undesignated areas or at your work station.

Failure to use your timecard; alteration of your own timecard or records or attendance documents; punching or altering another employee’s timecard or records, or causing someone to alter your timecard or records.

Disciplinary Actions

Unacceptable behavior which does not lead to immediate dismissal may be dealt with in the following manner:

Verbal Warning

Written Warning

Dismissal

Written warnings will include the reasons for the manager’s dissatisfaction and any supporting evidence. You will have an opportunity to defend your actions and rebut the opinion of your manager at the time the warning is issued. Disciplinary actions may also include fines, suspensions or other measures deemed appropriate to the circumstances.

All pertinent facts will be carefully reviewed, and the employee will be given a full opportunity to explain his or her conduct before any decision is reached. The President or another member of senior management will give a second opinion concerning the

unacceptable behavior before dismissal occurs.

The Discipline Policy applies to all regular employees who have completed the introductory period.

This policy pertains to matters of conduct as well as the employee’s competence. However, an employee who does not display satisfactory performance and accomplishment on the job maybe dismissed, in certain cases, without resorting to the steps set forth in this policy.

Under normal circumstances, managers are expected to follow the three-step procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. Likewise, there may be times when the company may decide to repeat a disciplinary step.

To insure that Longwall West business is conducted properly and efficiently, you must conform to certain standards of attendance, conduct, work performance, and other work rules and regulations.

When a problem in these areas does arise, your manager will coach and counsel you in mutually developing an effective solution. If, however, you fail to respond to coaching or counseling, or an incident occurs requiring formal discipline, the following procedures occur.

Step One: Oral Reminder

Your manager will meet with you to discuss the problem, making sure that you understand the nature of the violation and the expected remedy. The purpose of this conversation is to remind you of exactly what the rule or performance expectation is and to also remind you that it is your responsibility to meet that expectation.

You will be informed that the Oral Reminder is the first step of the discipline procedure. Your manager will fully document the Oral Reminder, which will remain in effect for [x] months. Documentation of the incident will remain in the department file and will not be placed in your permanent record, unless another disciplinary transaction occurs.

Step Two: Written Reminder

If your performance does not improve within the one month period, or if you are again in violation of Longwall West practices, rules or standards of conduct, your manager, after reviewing the situation with their manager, will discuss the problem with you, emphasizing the seriousness of the problem and the need for you to immediately remedy the problem.

Following the conversation, your manager will write a memo to you summarizing the discussion. The original memo will go to you and a copy will be routed to the Human

Resources Department. The Human Resources copy of the memo will be placed in your file.

The Written Reminder will remain in effect for six months.

Step Three: Dismissal

If your performance does not improve within the six month period following a Written Reminder, or if you are again in violation of Longwall West practices, rules or standards, you will be placed on Decision Making Leave. The Decision Making Leave is the final step of Longwall West’s disciplinary system.

Decision Making Leave is a paid, one-day disciplinary suspension. Employees on Decision Making Leave will spend the following day away from work deciding whether to correct the immediate problem and conform to all of the company’s practices, rules and standards of conduct, or to quit and terminate their employment with Longwall West.

If your decision following the Decision Making Leave is to return to work and abide by Longwall West practices, rules and standards of conduct, your manager will write a letter to you explaining your commitment and the consequences of failing to meet this commitment. You will be required to sign the letter to acknowledge receipt. A copy of the letter will be routed to senior managers in your chain of command. A copy will be placed in your personnel file.

You will be allowed to return to work with the understanding that if a positive change in behavior does not occur, or if another disciplinary problem occurs within the next six months, you will be terminated.

If you are unwilling to make such a commitment, you may be terminated.

Crisis Suspension

If you commit any of the actions listed below, or any other action not specified but similarly serious, you will be suspended without pay pending the investigation of the situation. Following the investigation you may be terminated without any previous disciplinary action having been taken.

Theft

Falsification of Company records

Failure to follow safety practices

Conflict of interest

Threat of, or the act of doing bodily harm

Willful or negligent destruction of property

Use and/or possession of intoxicants, drugs or narcotics

Neglect of duty

Refusal to perform assigned work or to follow a direct order

Discipline Deactivation

Step 1 of the procedure (Oral Reminder) will be in effect for six months.

Step 2 (Written Reminder) will be in effect for nine months.

Step 3 (Decision Making Leave) will be in effect for twelve months.

If no further performance problems occur during the active period, the discipline procedure will be formally deactivated at the end of the appropriate time period. Your manager will initiate a memo advising you of the inactive status of discipline and, when appropriate, commend you for performance improvement.

Dismissal

Employment and compensation with Longwall West is “at will” in that they can be terminated with or without cause, and with or without notice, at any time, at the option of

either Longwall West or yourself, except as otherwise provided by law.

If your performance is unsatisfactory due to lack of ability, failure to abide by Longwall West rules or failure to fulfill the requirements of your job, you will be notified of the problem. If satisfactory change does not occur, you may be dismissed. Some incidents may result in immediate dismissal.

Compensation & Performance

Wage & Salary Policies

Call Back Pay

Computing Pay

Deductions From Paycheck (Mandatory)

Deductions (Other)/Direct Deposit

Error in Pay

Overtime Pay

Pay Period & Hours

Reporting Time Pay

Shift Premium

Termination & Severance Pay

Time Cards/Records

Wage Assignments (Garnishments)

Performance & Compensation Reviews

Performance Reviews

Compensation Reviews

Work Schedule

Absence or Lateness

Attendance

Breaks/Rest Periods

Closure After Starting Time

Closure Prior to Starting Time

Excessive Absenteeism or Lateness

Lunch Period

Lunch Room Facility

Record of Absence or Lateness

Wage & Salary Policies

It is Longwall West’s desire to pay wages and salaries that are competitive with other employers in the marketplace in a way that will be motivational, fair, and equitable, variable with individual and company performance and in compliance with all applicable statutory requirements.

You are employed by Longwall West and will be carried directly on our payroll. No person may be paid directly out of petty cash or any other such fund for work performed. The only exception to this policy is where a contract relationship exists with a bona fide contractor.

Application

Longwall West applies the same principles of fairness and external comparability to all employees, regardless of organizational level, sex, religion, national origin, age, or race.

Basis for Determining Pay

Your pay is influenced by three factors:

The nature and scope of the job

What other employers pay their employees for comparable jobs

Individual performance

Job Scope

Through a process called job evaluation, the scope, responsibility, impact and required skills and abilities of each job at Longwall West are compared. The result is a relative ranking of all jobs, from high to low. Job evaluation is independent of any employee or his performance.

External Comparability

Once jobs are ranked, jobs are compared with external market data. Each job is assigned a range of pay, including a minimum and a maximum. Periodically Longwall West will examine the market conditions to ensure ongoing comparability. Changes in pay ranges will be made as needed and as the company can afford, to maintain market comparability.

Individual Pay

An individual’s pay within this range will depend on his sustained performance over time. Each year every employee will have a performance review with his manager or supervisor. During that review, significant performance events that occurred throughout the year will be discussed.

The overall performance rating will influence the wage/salary adjustment. Through individual performance and by increasing job responsibilities and moving to higher level jobs, you have significant impact on your pay.

Call Back Pay

Occasionally, you may be asked to return to work after you have left the premises for the day. If this occurs, you will be guaranteed a minimum of two (2) hours of pay. If you work longer than two (2) hours, you will be paid for the time you actually work.

Computing Pay

Should you be one of our “salaried” employees whose pay is not based on an hourly rate, there may be times when it is necessary to compensate you for some daily or hourly pay. When this is necessary, Longwall West will compute your time on the basis of an eight (8) hour workday.

Deductions From Paycheck (Mandatory)

Longwall West is required by law to make certain deductions from your paycheck each time one is prepared. Among these are your federal, state, and local income taxes and

your contribution to Social Security as required by law. These deductions will be itemized on your check stub. The amount of the deductions may depend on your earnings and on the information you furnish on your W-4 form regarding the number of dependents/exemptions you claim. Any change in name, address, telephone number, marital status or number of exemptions must be reported to your manager immediately, to ensure proper credit for tax purposes. The W-2 form you receive for each year indicates precisely how much of your earnings were deducted for these purposes.

Any other mandatory deductions to be made from your paycheck, such as court-ordered attachments, will be explained whenever Longwall West is ordered to make such deductions. Some states may require other payroll deductions.

Note: See “Wage Assignments (Garnishments)” later on in this section for further information.

Deductions (Other)/Direct Deposit

It may be possible for you to authorize Longwall West to make additional deductions from your paycheck, such as for Christmas Clubs, credit union loan payments, payroll savings plans, etc., or to deposit your paycheck directly into your savings or checking account at a participating bank. Contact your manager for details and the necessary authorization forms.

Repayment of Company Loan/Payroll Advance

Funds you owe to Longwall West may be deducted from current wages according to the terms and conditions agreed upon at the time of your advance or loan from Longwall West.

Note: See “Payroll Advances” in the “Other Policies” section of this Manual for further information.

Error In Pay

Every effort is made to avoid errors in your paycheck. If you believe an error has been made, tell your manager immediately. He or she will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly.

Meal Policy

Longwall West will only pay for meals during required overnight stays and when an employee is called out with less than two (2) hours notice.

Overtime Pay

From time to time, it may be necessary for you to perform overtime work in order to

complete a job on time. All overtime must be approved in advance by your manager.

When it is necessary to work overtime, you are expected to cooperate as a condition of your employment. There are two types of overtime work:

Scheduled Overtime: Scheduled overtime work is announced in advance and generally will involve an entire department or operation. This type of overtime becomes part of the required work week of the people who are members of the department or operation. If you need to be excused from performing scheduled overtime, please speak with your manager. He or she will consider your situation and the requirements of the department or operation in deciding whether you may be excused from performing the scheduled overtime.

Incidental Overtime: Incidental overtime is not scheduled, it becomes necessary in response to extenuating circumstances. It is extra time needed to

complete work normally completed during regular hours. Incidental overtime

may become necessary when an illness or emergency keeps co-workers from being at work as anticipated. It may require you to return to the workplace for emergency work. The opportunity to perform incidental overtime will be given first to the employee who normally performs the task.

If that employee cannot perform the overtime, the manager will offer the overtime to a suitably qualified person who is available to perform the overtime work.

If you are a “non-exempt” employee and you perform overtime work, you will be paid on and one-half (1-1/2) times your regular hourly wage for any time over eight (8) hours per day or forty (40) hours per week that you work. If, during that week, you were away from the job because of a job-related injury, paid holiday, jury duty, vacation taken in single-day increments, or paid sick time, those hours not worked will be counted as hours worked for the purpose of computing eligibility for overtime pay.

Work Performed on Company Holidays

Full-time “non-exempt” employees who work on a Company holiday will be deemed to have worked overtime on that day and will be paid their double-time rate for hours worked regardless of the number of hours they work that work week.

Note: See “Holiday Policies” in the “Benefits” section of this manual for further information.

Pay Period & Hours

Our payroll work week begins on Monday at 12:01 a.m. and ends on Sunday at 12:00 midnight.

Pay Cycle

Bi-weekly pay schedule:

(26 pay periods per year) Payday is normally every other Thursday.

Paycheck Distribution & Cashing Procedures

Paychecks are:

distributed by your manager.

Paychecks may:

not be cashed at Longwall West.

Reporting Time Pay—Inclement Weather & “Acts of God”

In the event you report for work without being notified in advance that we are temporarily closed due to special circumstances, you will receive a minimum of two hours of straight time pay. Special circumstances include inclement weather, fire, flood, or some other “Act of God,” power/utility failure, an inoperable computer system, or lack of work. You may be asked to perform other available work for the two (2) hour period.

If you refuse, you will forfeit your claim to reporting pay. This policy applies to our “non-exempt” employees only.

Termination & Severance Pay

Longwall West does not pay severance pay. When you leave Longwall West, you will be paid for actual time worked, plus any accrued but unused vacation time, as specified under “Vacations” in the “Benefits” section of this Manual.

Time Cards/Records

By law, we are obligated to keep accurate records of the time worked by “non-exempt” employees.

This is done by either time clock cards or other written documentation.

Your time card is the only way the payroll department knows how many hours you worked and how much to pay you. Your time card indicates when you arrived and when you departed. You are to punch in and out for lunch and for brief absences like a doctor’s or dentist’s appointment. All employees are required to keep the office advised of their departures from and returns to the premises during the work day.

You are responsible for your time card. Remember to record your time. If you forget to punch in or make an error on your card, your manager must make the correction and you and your manager must initial the correction. You are not permitted to punch in more

than six (6) minutes before your scheduled starting time nor more than six (6) minutes after your scheduled quitting time without your manager’s approval.

No one may record hours worked on another’s card. Tampering with another’s time card is cause for disciplinary action, including possible dismissal, of both employees. Do not alter another person’s record, or influence anyone else to alter your record for you. In the event of an error in recording your time, please report the matter to your manager immediately.

Time cards must be turned in no later than Monday by noon the week of payday. If you are out of town you must fax your time card into the office. Any time card turned in late will not be paid until the following pay period. The will be no exceptions.

Wage Assignments (Garnishments)

We hope you will manage your financial affairs so that we will not be obligated to execute any court-ordered wage assignment or garnishment against your wages. However, whenever court-ordered deductions are to be taken from your paycheck, you will be notified.

According to the Federal Wage Garnishment Act, three (3) or more garnishments may be cause for dismissal.

Note: See “Deductions From Paycheck (Mandatory)” earlier in this section for further information.

Performance & Compensation Reviews

Performance Reviews

Your manager is continuously evaluating your job performance. Day-to-day interaction between you and your manager should give you a sense of how your manager perceives your performance.

However, to avoid haphazard or incomplete evaluations, Longwall West conducts a formal review once a year for each employee.

Performance reviews will be conducted annually on or about each employee’s anniversary date. New employees may be reviewed more frequently. A review may also be conducted in the event of a promotion or change in duties and responsibilities.

During formal performance reviews, your manager will consider the following things, among others:

Attendance, initiative and effort

Knowledge of your work

Attitude and willingness

The quality and quantity of your work

The conditions under which you work

The primary reason for performance reviews is to identify your strengths and weaknesses in order to reinforce your good habits and develop ways to improve in your weaker areas.

This review also serves to make you aware of and to document how your job performance compares to the goals and description of your job. This is a good time to discuss your interests and future goals. Your manager is interested in helping you to progress and grow in order to achieve personal as well as work-related goals—perhaps he or she can recommend further training or additional opportunities for you.

In addition to individual job performance reviews, Longwall West periodically conducts a review of job descriptions to insure that we are fully aware of any changes in the duties and responsibilities of each position, and that such changes are recognized and adequately compensated.

Compensation Reviews

Wage and salary increases are based on merit alone, not length-of-service or the cost-of-living. Having your compensation reviewed does not necessarily mean that you will be given an increase.

Longwall West conducts compensation reviews annually on or about each employee’s anniversary date, following their annual performance review. Any wage or salary increases will appear in the pay period ending after the dates they are granted. Wage and salary increases may be retroactive in the case of late reviews, at the discretion of the President.

Work Schedule

The normal work week consists of five (5) days, eight (8) hours long, Monday through Friday. Your schedule of daily work hours will be given to you by your manager. You will be notified promptly whenever a change is necessary. Should you have any questions concerning your work schedule, please ask your manager.

Absence or Lateness

From time to time, it may be necessary for you to be absent from work. Longwall West is aware that emergencies, illnesses, or pressing personal business that cannot be scheduled outside your work hours may arise. Sick days and personal days have been provided for this purpose.

If you are unable to report to work, or if you will arrive late, please contact your manager immediately. Give him or her as much time as possible to arrange for someone else to cover your position until you arrive. If you know in advance that you will need to be absent, you are required to request this time off directly from your manager. He or she will determine when will be the most suitable time for you to be absent from your work.

When you call in to inform Longwall West of an unexpected absence or late arrival, ask for your manager directly. For late arrivals, please indicate when you expect to arrive for work. Notifying the switchboard operator or a fellow-employee is not sufficient. If you are unable to call in yourself because of an illness, emergency or for some other reason, be sure to have someone call on your behalf. If your manager is not available when you call, you may leave the information on your manager’s voicemail.

Absence from work for three (3) consecutive days without notifying your manager or the personnel administrator will be considered a voluntary resignation.

Attendance

You are expected to be at your work station and ready to work at the beginning of your assigned daily work hours, and you are expected to remain at your work station until the end of your assigned work hours, except for approved breaks and lunch. When your work takes you away from your work station, please let your manager know where you are going and how long you expect to be gone. Be aware that excessive time off could lead to disciplinary action.

Note: See “Excessive Absenteeism or Lateness” later on in this section for further information.

Breaks/Rest Periods

You are entitled to two (2) fifteen (15) minute rest breaks each day. Normally these rest breaks will be scheduled in mid-morning and mid-afternoon. These will be determined by your manager. If you work in a department where breaks are not directly assigned, please coordinate with your co-workers to maintain adequate coverage at all times. Always be sure to return to work on time at the end of any break.

In the unlikely event of an emergency or unusual condition, your manager may ask you to change or postpone your break in order to finish a particular project.

Closure After Starting Time

If severe weather conditions exist and the President (or designated representative) decides to close Longwall West for the remainder of the day, you will be notified as soon as possible by your manager. If you are sent home before having worked two (2) hours, you will be paid for two (2) hours of work. If you are sent home after having worked two (2) hours, you will be paid for the time that you actually worked.

If your manager asks that you remain at work after Longwall West has closed because of severe weather conditions, you will be paid at time and one-half for the remaining hours that you work beyond the announced closing time.

Closure Prior to Starting Time

If you report to work and find that, due to severe weather conditions, Longwall West will unexpectedly be closed for business, you will be paid for two (2) hours of work for that day only.

Excessive Absenteeism or Lateness

In general, five (5) absences in a 90-day period, or a consistent pattern of absence, will be considered excessive, and the reasons for the absences may come under question. Tardiness or leaving early is as detrimental to Longwall West as an absence. Three (3) such incidents in a 90-day period will be considered a “tardiness pattern” and will carry the same weight as an absence. Other factors, like the degree of lateness, may be considered.

Be aware that excessive absenteeism, lateness, or leaving early may lead to disciplinary action, including possible dismissal.

Lunch Period

If you work longer than four (4) hours, you will be given an unpaid lunch period. The time when lunch periods are scheduled varies among departments, depending on the needs of each department. Your manager will give you your lunch period schedule.

You are expected to take your full allotted time for lunch. You are requested not to perform any work during your regularly scheduled lunch period, unless specifically requested to do so by your manager. In that event, your lunch will be rescheduled or you will be paid for the time that you worked.

You may leave the premises during your lunch period, however, you must sign in and out. It is important to return to work on time at the end of your lunch period.

Lunch Room Facility

For your convenience and comfort, Longwall West provides a lunch room equipped with a microwave oven and a refrigerator for employees who want to bring their lunch from home. This area is for everyone’s use. It is your responsibility to do your share in keeping this facility clean and sanitary. Please clean up after yourself.

If for any reason the machines are not functioning properly please report the condition to

your manager. Please remember to use containers with reliable seals and label your food with your name and date. Food stored in the refrigerator for a period of more than 7 days will be disposed of.

Record of Absence or Lateness

If you are absent because of illness for three (3) or more successive days, your manager may request that you submit written documentation from your doctor. If you are absent five (5) or more days because of illness, you may be required to provide written documentation from a doctor that you are able to resume normal work duties before you will be allowed to return to work. You will be responsible for any changes made by your doctor for this documentation.

Your manager will make a note of any absence or lateness, and the reason, in your personnel file. Your attendance record will be considered when evaluating requests for promotions, transfers, leaves of absence, and approved time off, as well as scheduling layoffs, etc.

3. Benefits

The Benefits Package

Eligibility for Benefits

Paid Leaves of Absence

Holidays

Recognized Holidays

Holiday Policies

Vacations

Amount of Vacation

Vacation Policies

Accumulation Rights

Payment in Lieu of Vacation

Other Paid Leaves

Funeral (Bereavement) Leave

Jury Duty

Personal Leave

Sick Leave

Unpaid Leaves of Absence

Medical/Family Leave of Absence

Disability (Including Pregnancy) Leave of Absence

Educational Leave of Absence

Election Day

Military Leave of Absence

Military Reserves or National Guard Leave of Absence

Personal Leave of Absence

Returning From a Leave of Absence

Accepting Other Employment or Going into Business

While on Leave of Absence

Insurance Premium Payment During Leaves of Absence

Insurance Coverage

Group Insurance

Health Insurance

Termination of Insurance

Government Required Coverage

Workers’ Compensation

Unemployment Compensation

Social Security

Profit Sharing & Retirement

Profit Sharing Plan

Retirement Plan

The Benefits Plan

In addition to receiving an equitable salary and having an equal opportunity for professional development and advancement, you may be eligible to enjoy other benefits which will enhance your job satisfaction. We are certain that you will agree that the benefits program described in this Manual represents a very large investment by Longwall West, and we trust that you will avoid abusing any of the program’s benefits.

A good benefits program is a solid investment in Longwall West and its employees. It not only insures the loyalty of long-time capable employees, it also helps to attract talented newcomers who can help Longwall West grow. Longwall West will periodically review the benefits program and will make modifications as appropriate to the company’s condition.

Eligibility for Benefits

If you are a full-time employee, you will enjoy all of the benefits described in this manual as soon as you meet the eligibility requirements for each particular benefit.

If you are a part-time employee, you will enjoy only those benefits which are required by law to be afforded to you, provided that you meet the minimum requirements set forth by law and in the benefit plan.

No benefits are available to you during your Introductory Period, except as otherwise provided by law.

Note: See “Introductory Period” in the “Employment” section of this Manual for further information.

Temporary employees are not eligible for benefits.

Paid Leaves of Absence

Time off for any reason during a working day will count first against your allotted sick days in hourly, quarter day, half day, or full day increments. Once you have used all of your earned sick days, the time will be counted against your earned vacation time. Thereafter, unless specifically excepted, any time off will be without pay.

Holidays

Only full-time employees are eligible for holiday pay.

You are not eligible to receive holiday pay during your Introductory Period. Nor are you eligible to receive holiday pay if you are a part-time employee or a temporary employee.

Recognized Holidays

The following holidays are recognized by Longwall West as paid holidays.

New Years Day

Good Friday

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

The day after Thanksgiving Day

Christmas Eve (1/2 Day)

Christmas Day

Holiday Policies

You may take time off to observe your religious holidays. If available, a full day of unused sick leave or a vacation day may be used for this purpose, otherwise the time off is without pay. You must notify your manager at least ten business days in advance.

We schedule all national holidays on the day designated by common business practice.

If a holiday occurs during your scheduled vacation, you are permitted to take an extra day of vacation.

In order to qualify for holiday pay, you must work the scheduled workday immediately before and after the holiday. Only excused absences will be considered exceptions to this policy.

You are not eligible to receive holiday pay when you are on a leave of absence.

Vacations

Vacation is a time for you to rest, relax, and pursue special interests. Longwall West has provided paid vacation as one of the many ways in which we show our

appreciation for your loyalty and continued service.

Only regular full-time employees are eligible for paid vacation. You are not eligible for paid vacation during your Introductory Period. Nor are you eligible for paid vacation if you are a part-time or temporary employee.

Amount of Vacation

Full-time employees are eligible to accrue vacation for each calendar month of service from the completion date of their Introductory Period. The vacation accrual rate is based on your length of employment, as follows:

Years of Monthly Accrual Total Accrual

Employment Rate (In Hours) Per Year (In Days)

Less than ten (10) 6.66 10

More than ten (10) 10.00 15

If your Introductory Period completion date is within the first through the fifteenth of the month, you will accrue vacation for that full month. If your Introductory Period completion date is within the sixteenth through the end of the month, you will start to accrue vacation on the fist day of the following month.

Vacation Policies

Every effort will be made to grant you your vacation at the time you desire. However, vacations cannot interfere with your department’s operation and therefore must be approved by your manager at least one (1) month in advance. If any conflicts arise in requests for vacation time, preference will be given to the employee with the most seniority.

You may not receive advance vacation pay (for vacation time taken in excess of your vacation accrual balance) without written authorization from your manager. Such authorization is at the discretion of your manager, and must be granted in advance of your vacation. Any amount of advanced vacation paid but not yet earned at the time of termination of employment will be deducted from your final paycheck.

All vacation time must be taken in full week increments, unless otherwise authorized in writing. If you are eligible for three (3) weeks of vacation, you may take only two (2) weeks at one time unless you receive written approval from your manager and senior management at least six (6) weeks in advance.

If you are eligible for three (3) weeks of vacation, you may take your third in single-day increments. Only one (1) week of vacation may be used in single-day increments.

Specific dates of vacation in single-day increments must be established by prior

arrangement with your manager. The request will be granted as long as your absence will not seriously affect Longwall West operations. Usually, only one employee may be out on a vacation day in a department at any one time.

If you are on an approved leave of absence for less than thirty (30) days, your vacation eligibility will not be affected; should the leave extend beyond thirty (30) days, vacation time will not continue to accrue.

If a company-paid holiday falls during your scheduled vacation period, you will receive an additional day of vacation or holiday pay, whichever you prefer.

An employee may carry up to three (3) vacation days into the next year with proper approval from your supervisor.

Accumulation Rights

Vacation time may not be carried over and accumulated in subsequent calendar years. Exceptions to this policy may be made in unusual circumstances, each case to be considered separately by management.

Payment in Lieu of Vacation

The purpose of a vacation is to provide you with a time to rest and relax; therefore, no additional wages or salary will be paid to you in lieu of a vacation unless advance approval in writing is granted by management. If payment in lieu of vacation is approved, one (1) week of vacation is equivalent to a regular scheduled work week at your basic straight time hourly rate.

Other Paid Leaves

Funeral (Bereavement) Leave

You are entitled to take up to three (3) workdays with pay to attend the funeral and take care of personal matters related to the death of a member of your immediate family. (a parent, spouse, spouse’s parent, child, spouse’s child by former marriage, brother or sister). One (1) day of paid funeral leave will be granted in the case of the death of a grandparent, your spouse’s grandparent or sibling, or any member of your extended family living in your home. Only regular full-time employees are eligible for paid funeral leave.

With your manager’s approval, you may take up to one full day without pay to attend funerals of other relatives and friends. If you prefer, unused personal leave or a day of earned vacation may be used for this purpose.

Paid time under this policy is given over and above any time allowed and earned under our Personal Leave policy. Pay for a funeral leave will be made for actual time lost from work. If the death occurs at a time when work is not scheduled, payment will not be made. If a holiday or part of your vacation occurs on any of the days of absence, you may not receive holiday or vacation pay in addition to paid funeral leave.

An excused absence for family death may not be retroactive, postponed, or split.

Jury Duty

It is your civic duty as a citizen to report for jury duty whenever called. If you are called for jury duty, we will permit you to take the necessary time off and we wish to help you avoid any financial loss because of such service. If you have completed your Introductory Period, Longwall West will reimburse you for the difference between your jury pay and your regular pay, not to exceed eight (8) hours per day, for a maximum of ten (10) business days. Commissioned salespeople will be paid the difference between jury duty pay and their average pay for the past six (6) weeks.

You must notify your manager within forty-eight (48) hours of receipt of the jury summons.

On any day or half-day you are not required to serve, you will be expected to return to work. In order to receive jury duty pay, you must present a statement of jury service and pay to your manager. This document is issued by the court.

Personal Days

Employees will accrue one (1) personal day every four (4) months worked. Any unused personal days will be paid at the rate one at the end of the calendar year. If you need to use a personal day during the year, please notify the office with as much advance notice as possible and the mark your time card accordingly.

Unpaid Leaves of Absence

Occasionally, for medical, personal, or other reason, you may need to be temporarily released from the duties of your job with Longwall West, but may not wish to submit your resignation. Under certain circumstances, you may be eligible for an unpaid leave of absence.

There are several types of unpaid leaves which you may be eligible for.

Family/Medical Leave of Absence

In general, a leave of absence is an official authorization to be absent from work without pay for a specified period of time. Eligible employees may be entitled to job-protected family or medical leaves of absence if they are unable to come to work due to pressing family or medical concerns as described under the following Family/Medical Leave Policy, which shall be administered in accordance with applicable State and Federal laws:

Employees are eligible if they have been actively employed for 12 months, and worked at least 1250 hours (an average of 25 hours per week) during those 12 months. Salary continuation during any leave period shall depend upon the employee’s qualifying for disability pay under our Disability Leave Policy.

Under the circumstances set forth below, each eligible employee shall have up to a total of 12 weeks leave during any one year period.

A family leave shall be granted upon the birth or adoption of a child of the employee, or upon the serious illness of the employee’s child, spouse, or parent.

Whenever possible, and subject to your health care provider’s approval, absences for planned medical treatment should be scheduled so as not to unduly disrupt company operations.

In appropriate circumstances, we may require you to be examined by a company designated physician, at company expense.

In the event of a serious illness to the employee or his/her child, spouse, or parent, creating a need for unforeseeable family or medical leave, the employee should provide us with notice, as soon as practicable, of any needed time off, and a written doctor’s certificate indicating the expected duration and nature of the illness, particularly as it relates to the employee’s ability to come to work or the need for that employee’s presence at home to care for a seriously ill family member.

A medical leave shall be granted upon the employee’s own serious illness.

Employees shall be required to give 30 days advance notice in the event of a foreseeable medical treatment. To assist us in arranging work assignments during your absence, we ask that you give us prior notice, to the extent known, of your expected birth or adoption, as well as an indication, to the extent known, of your expected return date. To facilitate your return to work, we also ask that you provide us with two weeks advance notification of your intended return date. Failure to do so may delay your return date.

For purposes of this policy, a child is defined as a natural, adopted, or foster child, a stepchild or a legal ward. If the child is over 18 he/she must be unable to care for himself/herself due to a serious illness.

A parent is defined as the employee’s or his/her spouse’s natural, adoptive, or foster parent, stepparent, or legal guardian.

A serious illness is defined as a disabling physical or mental illness, injury, impairment, or condition involving (1) inpatient care in a hospital, nursing home, or hospice; or (2) outpatient care requiring continuing treatment or supervision from a health care professional.

Leave of absence rights available to you under other sections of our policy shall be counted towards the total time off available under this section.

Upon completion of a leave granted under this section, you shall be reinstated to your original position, or an equivalent one.

If, due to your own medical circumstances, you are no longer able to perform your original job, we will attempt to transfer you to alternate suitable work, if available.

While on a leave of absence provided for under this policy, we will continue your group health insurance benefits under the same terms as provided to other employees, for up to a maximum of 12 weeks leave time during any one year period. If your leave extends beyond 12 weeks, you shall be offered the opportunity to purchase continuing coverage under state and federal COBRA continuation rules.

Other accumulated fringe benefits such as seniority, retirement, service credits, sick pay, vacation pay, etc. shall be preserved at the level earned as of commencement of the leave, but shall not accrue further during any such leave period.

The pay allowances while on disability leave are based on an employee’s length of service, as well as the state in which he/she is employed. Disability laws may vary from state to state, and at all times our disability leave policy will be in compliance with the laws of the state in which you are employed.

During a period of disability, you may be eligible for disability pay benefits, Please refer to the applicable plan documents for details on eligibility, benefit amounts, and other particulars.

Should you require an extended leave beyond the period of time described in this

policy, we will seek to return you to a suitable position, but cannot guarantee that

one will be available. Nevertheless, you may be eligible for continuing disability

pay benefits during this period in accordance with applicable insurance coverage.

Disability (Including Pregnancy) Leave of Absence

If a salaried exempt employee becomes disabled and unable to work for a prolonged period of time, salary continuation benefits may be available during the leave of absence under our Short Term Disability Plan.

This plan is intended to provide, in the case of a non-occupational injury, 6 weeks of salary continuation paid at 100% of the employee’s base salary, beginning on the first working day after your leave begins.

Medical documentation, to the satisfaction of the Company may be required for all periods of time during which Short-Term Disability benefits are requested. Longwall West reserves the right to require independent medical verification of an associate’s inability to work, based on a medical exam by a physician chosen by and paid for by Longwall West.

Longwall West classifies pregnancy as any other medically disabling condition, and will provide reasonable leave for all employees for the period of disability as determined by the associate and her physician. When ready to return to work, the employee will be reinstated to her original job or a similar level position providing circumstances have no so changed as to make it impossible or unreasonable to do so. At all times our maternity leave policy will be in compliance with the State and Federal laws.

Should an employee with an excellent work record desire more time after using all vacation time and short term disability leave, allowances may be made at the discretion of Longwall West and on an individual basis. The deciding factor will be the ability of the company to cover, without interruption, the position described in the employee’s job description.

If your disability, (other than pregnancy), prevents you from working for longer than six (6) weeks, when you are ready to return to work we will do our best to reinstate you to your position or a similar position, but we cannot guarantee that your job or any job will be available.

Any questions regarding pregnancy/disability leave, Short-Term Disability benefits or Leave of Absence Request Forms (required prior to the commencement of the leave) should be directed to the Human Resource Department.

Note: See “Disability Insurance” under “Insurance Coverage” later on in this section for further information.

Educational Leave of Absence

An educational leave of absence may be approved if the desired curriculum is of mutual benefit to you and to Longwall West. Apply in the same manner as you would for a personal leave of absence.

Election Day

We encourage you to exercise your voting privileges in local, state, and national elections.

However, since the polls are open for long periods, you are encouraged to vote before or after regular working hours. If it should be necessary, you may take up to two hours leave from work to vote in a governmental election or referendum. You will be expected to notify your manager at least one week in advance. You will not be paid for such time. Personal leave time, if available, may be used for this purpose.

Military Leave of Absence

If you are a full-time employee and are inducted into the U.S. Armed Forces, you will be eligible for re-employment after completing military service, provided:

You show your orders to your manager as soon as you receive them.

You satisfactorily complete your active duty service.

You enter the military service directly from your employment with Longwall West.

You apply for and are available for re-employment within ninety (90) days after discharge from active duty. If you are returning from up to six (6) months active duty for training, you must apply within a reasonable time (usually thirty (30) days) after discharge.

Military Reserves or National Guard Leave of Absence

Employees who serve in U.S. military organizations or state militia groups may take the necessary time off without pay to fulfill this obligation, and will retain all of their legal rights for continued employment under existing laws. These employees may apply accrued personal leave and unused earned vacation time to the leave if they wish; however, they are not obliged to do so.

You are expected to notify your manager as soon as you are aware of the dates you will be on duty so that arrangements can be made for replacement during this absence.

Personal Leave of Absence

In very special circumstance, Longwall West may grant a leave for a personal reason, but never for taking employment elsewhere or going into business for yourself. You should request an unpaid personal leave of absence from your manager. A personal leave of absence must not interfere with the operations of your department or Longwall West. Your manager will submit your request to the appropriate member of management for final approval.

A personal leave of absence may be granted for up to thirty (30) days. If your leave is extended for more than (30) days, vacation and other benefits will not longer continue to accrue. Consult your group insurance booklet to determine your insurance coverage during a leave of absence. Failure to return from a leave at the time agreed will result in termination of employment.

Note: See “Returning From a Leave of Absence” later on in this section for further information.

Accepting Other Employment or Going Into Business While on Leave of Absence

If you accept any employment or go into business while on leave of absence from Longwall West, you will be considered to have voluntarily resigned from employment with Longwall West as of the day on which you began your leave.

Insurance Premium Payment During Leaves of Absence

Longwall West will continue to pay our share of insurance premiums for employee coverage and dependent coverage for a maximum of six (6) months while you are on a disability leave of absence. While you are on any other type of unpaid leave of absence from Longwall West, you will be responsible for paying the total premiums for your coverage and that of your dependents while on leave. Failure to do so may result in loss of coverage and possible refusal by the insurance carrier to allow your coverage to be reinstated.

Insurance Coverage

Group Insurance

Longwall West is interested in the health and well-being of both you and your family. A comprehensive health and life insurance program is available for you and your family. We provide group insurance underwritten by a national insurance carrier. After completion of your Introductory Period, you become eligible for coverage. At that time, you may choose to accept the insurance coverage, or not.

The following benefits are provided, as defined and limited in the literature provided by our insurance company.

Group Term Life Insurance

Accidental Death & Dismemberment Insurance

Major Medical and Surgical Coverage

Medical Health Care Coverage

If you choose insurance coverage, our insurance company provides a booklet describing your benefits; a copy of this will be given when you join the program.

We pay 100% of the premiums for insurance coverage on you. You pay 100% of the premiums for insurance coverage of your eligible dependents through payroll deduction.

In the event of your termination of employment with Longwall West or loss of eligibility to remain covered under our group health insurance program, you and your eligible dependents may have the right to continued coverage under our health insurance program for a limited period of time at your or their own expense. (This does not affect the conversion privilege as stated in the insurance policy.) Consult your manager for details.

Health Insurance

Today’s many health insurance plans and options can be confusing and complicated. That is why Longwall West has taken the time to carefully review the coverages and plans available. We have selected the plan we feel provides the best coverage for our employees. Refer to the literature provided by our insurance company for details on your health coverage.

Termination of Insurance

Your insurance will terminate when the insurance policy terminates, when you fail to

make an agreed contribution to premium when due, when you cease to be eligible for coverage under the terms of our group insurance program, or when you cease to be employed as a regular full-time employee eligible for the insurance. Longwall West may, by continuing to pay the premium, keep your insurance in effect for a brief period if you cease to be an eligible employee for any reason other than resignation, dismissal, or failure to meet the terms of eligibility of our group insurance program.

Government Required Coverage

Workers’ Compensation

The Utah Workers’ Compensation Law is a no-fault insurance plan which is supervised by the sate and one hundred percent (100%) paid for by Longwall West. This law was designed to provide you with benefits for any injury which you may suffer in connection with your employment. Under the provisions of the law, if you are injured while at work, you are eligible to apply for Workers’ Compensation.

What is Workers’ Compensation?

Utah’s no-fault Workers’ Compensation law was passed by the State legislature to guarantee prompt, automatic benefits to workers injured on the job.

Before Workers’ Compensation, an injured worker had to sue his employer to recover medical costs and lost wages. Lawsuits took months and sometimes years. Juries and judges had to decide who was at fault and how much, if anything, would be paid. In most cases, the injured worker got nothing. It was a costly, time-consuming and unfair system.

Today, if you’re unable to work because of a job injury, Longwall West and our Workers’ Compensation Insurance carrier work together to take care of your medical expenses and pay you money to live on until you’re able to come back to work—automatically, without delay or red tape.

Who Is Covered?

Every Longwall West employee is protected by Workers’ Compensation.

What Is Covered?

Any injury is covered if it’s caused by your job—not just serious accidents, but even

first-aid type injuries. Illnesses may also be covered, if they’re related to your job. For

example, common colds and flu are not covered, but if you caught tuberculosis while working at a TB hospital, that’s covered. The main question is if the injury of illness is the result of the performance of your job.

When Am I Covered?

Coverage begins the first minute you’re on the job and continues anytime you’re working for Longwall West. You don’t have to work a certain length of time, and there’s no need to earn any minimum amount of wages before you’re protected.

What Are the Benefits?

Utah law guarantees you three kinds of workers’ compensation benefits:

Medical care to take care of the injury, including not only doctor bills, but also medicines, hospital costs, fees for lab tests, x-rays, crutches and so forth- There’s no deductible and all costs are paid directly by our workers’ compensation insurance carrier. If you do receive a bill, be sure to submit it to your manager for payment through our insurance carrier.

Rehabilitation services necessary to return to work—Sometimes this is just an extension of medical treatment (for example, physical therapy to strengthen muscles). However, if the injury keeps you from returning to your usual job, you may qualify for vocational rehabilitation and retraining, too. Again, all costs are paid directly by Longwall West through our Workers’ Compensation Insurance carrier.

Cash payments for lost wages-- The most common kind of payments, for “temporary disability,” will be made for as long as the doctor says you’re unable to work. Additional cash payments may be made after you’re able to work if there’s a permanent handicap—for example, the amputation of a finger or loss of sight. If the injury results in death, payments will be paid to surviving dependents.

How Do I Get the Benefits?

All injuries, no matter how slight, must be reported immediately to your manager to assure consideration under Workers’ Compensation Insurance, should complications develop later. Your manager will see that you receive medical attention.

There are no reports for you to fill out; no forms to sign. Just tell your manager what, where, when, and how it happened—enough information so that he or she can arrange

medical treatment and complete the necessary reports. In an emergency, you may go directly to one of the medical facilities nearby. Later, you may be required to furnish your manager with written statements regarding the on-the-job accident so that we may accurately document the incident, and so you may receive all the benefits to which you

are entitled. (Failure to do this could result in loss of benefits.)

Prompt reporting is the key. Benefits are automatic, but nothing can happen until your employer knows about the injury. Insurance you right to benefits by reporting every injury, no matter how slight. Even a cut finger can be disabling if an infection develops.

How Much Are the Cash Payments?

If you report the injury promptly, you should receive the first compensation check within 21 days. After that you’ll receive a check every 2 weeks until the doctor says you’re able to go back to work. For extremely serious injuries, the payments may continue for life.

Although Longwall West will pay for the time lost because of a work-related accident during the remainder of the normal workday in which the accident occurs, Workers’ Compensation payments for lost wages aren’t made for the first 3 days you’re unable to work (including weekends). However, if you’re hospitalized or off work more than 14 days, payments will be made even for the first 3 days.

What If There’s a Problem?

Fortunately, most claims – better than 9 out of 10 – are handled routinely. After all, Workers’ Compensation benefits are automatic and the amounts are set by the Legislature. But mistakes and misunderstandings do happen. If you think you haven’t received all benefits due to you, please contact your manager.

If you’re not satisfied with your manager’s explanation, get advice from the nearest office of the State Division of Industrial Accidents. If the problem still can’t be resolved, it may be necessary to file an “Application for Adjudication” with the Workers’ Compensation Appeals Board. That’s the state agency which reviews cases where an injured worker believes he or she hasn’t received what’s coming to him or her.

The Appeals Board is a court of law. You can represent yourself, of course, but you may want to hire an attorney. If you do, the fee – about 20% on the average – will be deducted from any benefits awarded you by the Appeals Board. If it’s necessary to go to the Appeals Board to resolve your case, be sure to do so within one year from the date of the injury, or one year from the date of your last medical treatment. Waiting longer could mean losing your right to benefits.

Other Benefits

If the injury is very serious – one where you won’t be able to work for a year or more- you may be eligible for additional benefits from Social Security. For information contact your nearest office of the Social Security Administration, or discuss your situation with the claims representative of Longwall West’s Worker’s Compensation Insurance carrier.

Employees returning to work after being absent due to an injury must report to their manager prior to beginning work and must bring a doctor’s clearance for returning to duty.

Unemployment Compensation

Longwall West pays a percentage of its payroll to the Unemployment Compensation Fund according to Longwall West’s employment history. If you become unemployed, you may be eligible for unemployment compensation, under certain conditions, for a limited period of time. Unemployment compensation provides temporary income for workers who have lost their jobs. To be eligible you must have earned a certain amount and be willing and able to work. You should apply for benefits through your local State Unemployment Office as soon as possible.

Longwall West pays the entire cost of this insurance.

Social Security

The United States Government operates a system of contributory insurance known as Social Security. As a wage earner, you are required by law to contribute a set amount of your monthly wage to the trust fund from which benefits are paid. As your employer, Longwall West is required to deduct this amount from each paycheck you receive. In addition, Longwall West matches your contribution dollar for dollar, thereby paying one-half of the cost of your Social Security benefits.

Profit Sharing & Retirement

Profit Sharing Plan

According to the Longwall West Profit Sharing Plan, Longwall West may, in its absolute discretion, grant a profit sharing award determined by Longwall West’s profitability on an annual fiscal year basis. The amount of any award represents a fixed percentage of your eligible base earnings (all eligible employees receive awards based on the same fixed percentage of their eligible base earnings).

All regular full-time employees and part-time employees who work at least one thousand (1,000) hours per year are eligible to participate in the Profit Sharing Plan once they have completed three (3) months of employment. Eligible employees who are on the payroll on the last day of the fiscal year will receive an award if one is granted, provided they remain on the payroll on the payment date of the award.

Eligible base earning begin to accrue on the pay period following the completion of three

(3) months of employment, and continue to accrue for the remainder of the fiscal year. Payments for any overtime, commissions, bonuses, etc. are not included in eligible base earnings.

Note: This is a summary of the Longwall West Profit Sharing Plan; the complete details of the Plan will be given to you when you become eligible.

Other Benefits

Education/Training (Attending Seminars/Training Sessions)

From time to time, Longwall West may arrange to have both formal and informal training programs to enable you to progress in your technical knowledge of our business. Several times a year, employees are selected to attend factory schools, workshops, or training programs. You will receive a normal paycheck while attending these schools or workshops. All or a portion of the expenses for off-premises training will be paid for by Longwall West depending on the nature of the course. Check with your manager for details.

Also, during any slow periods of work you should use the time to learn more about Longwall West, its services and products. You may progress as you become more knowledgeable about your job and the jobs of the people around you. You are encouraged to as questions about any aspect of Longwall West that is of interest or unclear.

If you become aware of a particular seminar that you believe is appropriate for enhancing your skills (and/or those of other employees), please bring it to the attention of your manager.

Since these seminars are usually offered only at specified times in a geographical area, please be sure to notify your manager as far in advance as possible. This way, he or she can attempt to schedule workloads to accommodate you (and/or other employees’ desire to attend the seminar.

Employee Assistance Program

Longwall West provides an Employee Assistance Program (EAP) which is designed to provide a confidential service for our employees whose personal problems are affecting their abilities to function at top efficiency in their work. This service is available to all full-time employees and their immediate families. Arrangements will be made for you to be seen by a professional who is specially trained in your specific problem area, including:

Alcoholism

Domestic violence

Drug dependency

Eating disorders

Emotional illness

Family problems

Legal problems

Marital conflict

(Ask for others)

Confidentiality is one of the most important aspects of the program. If you contact the Employee Assistance Program directly, no one in the company will know about it unless you tell them. No information concerning the nature of your problem will be released without your written consent. Participation in the Employee Assistance Program will not affect future promotional opportunities. Longwall West assumes the costs for the Employee Assistance Program assessment and referral. Other costs, like treatment, are generally covered in part or in full by the group insurance plan. Asking for assistance does not mean that you will be obligated to accept or continue it.

In some instances, Longwall West may help you pay the costs of the counseling and grant you paid time off.

There may be times when you will be solely liable for the expenses and, in such cases, you will be informed before they occur.

You Employee Assistance Program contact is Kent D. Shiner.

Employee Gift Fund

We desire to acknowledge important events such as births, deaths, and severe illnesses in the families of our employees. Therefore, in order to avoid the necessity of someone taking up an individual collection to recognize these occasions, Longwall West provides a special gift fund.

If you wish to purchase a gift for an employee on behalf of Longwall West and/or your department, please submit your request to your manager. Approved requests will provide for reimbursement of the cost of the gift (upon submission of an “Expense Report”) up to a maximum of $50.00.

Employee Purchases

Any employee, who has completed at least ninety (90) days of uninterrupted employment, will be allowed to purchase any item from Longwall West as set forth below. All purchase orders must be made by using the authorization from and approved by the President of the company before any order number is given out. The minimum amount that can be charged is $100.00. Items purchased for an employee’s personal use

(tools, items for personal residence, etc.) may be purchased at company cost. Items

ordered for other than personal use (items for friends, relatives, etc.) will be marked up to 10% (these orders are to be kept to a minimum.) Ordering, pick-up, and storage of all orders are the employee’s responsibility.

Invoices are to be paid, in full, immediately upon receipt.

Note: See “Discounting” in the “Other Policies” section of this Manual for further information.

Flower Policy

If you or your spouse is hospitalized for three (3) days or more, Longwall West will send a flower arrangement.

In the event of death of you or your spouse, Longwall West will send a flower arrangement. If a contribution is requested in lieu of flowers, a contribution will be made to the designated organization in the amount normally spent for flowers.

Other Policies

Bonuses

Borrowing Tools & Equipment

Bulleting Boards

Communications

Community Activities

Company Meetings

Computer Software (Unauthorized Copying)

Contributions

Conversion Privileges

Department Meetings

Discounting

Dress Code/Personal Appearance

Employee Referral

Entering & Leaving the Premises

Exit Interviews

Expense Reimbursement

First Aid

Gifts

Grievances

Housekeeping

Inspection of Packages

Labor Unions

Layoff & Recall

Life-Threatening Illnesses

Mangers

Open Door Policy & Counseling

Outside Activities

Parking Lot

Payroll Advances

Personal Phone Calls & Mail

Personal Property

Personal Use of Company Property

Promotion Policy

Property & Equipment Care

Recycling, Waste Prevention & Conservation

References

Reinstatement

Resignation

Restricted Areas

Return of Company Property

Safety Rules

Safety Rules When Operating Machines & Equipment

Security

Seniority

Service Awards

Smoking

Solicitations & Distributions

Substance Abuse

Suggestions

Theft

Traffic Violations

Transfers

Uniforms

Use of Company Vehicle

Visitors

Violations of Policies

Bonuses

It has been a practice of Longwall West to distribute quarterly bonuses when profits permit. Bonuses are determined on the basis of safety, attendance, attitude, cooperation, efficiency, initiative, knowledge, performance, salary, and length of service as evaluated by your manager. While this is not a “policy” which applies to all, and is not guaranteed or automatic, we will continue this practice so long as possible.

Borrowing Tools & Equipment

See “Personal Use of Company Property” later on in this section.

Bulletin Boards

Bulletins and bulletin board(s) are our “official” way of keeping everyone informed about new policies, changes in procedures and special events. Information of general interest is posted regularly on the bulleting board(s). Please form the habit of reading the bulleting board(s) regularly so that you will be familiar with the information posted on it.

Only authorized personnel are permitted to post, remove, or alter any notice on the bulletin board(s). If you want to have notices posted on Longwall West bulleting board(s), see your manager for instructions.

Communication

Successful working conditions and relationships depend upon successful communication. Not only do you need to stay aware of changes in procedures, policies, and general information, you also need to communicate your ideas, suggestions, personal goals or problems as they affect your work.

In addition to the exchanges of information and expressions of ideas and attitudes which occur daily, make certain you are aware of and utilize all Longwall West methods of communication, including this Employee Manual, bulletin boards, discussions with your manager, memoranda, staff meetings, newsletters, training sessions, etc.

You will receive other information booklets, such as your insurance booklets, from time to time. You may take these booklets home so that your family may know more about your job and your benefits.

In addition, you may receive letters from Longwall West. There is no regular schedule for distribution of this information. The function of each letter is to provide you and your family with interesting news and helpful information which will keep you up-to-date on the events here at Longwall West.

Community Activities

Longwall West recognizes the importance of community participation. Our business is dependent upon the community for employees and for customers, and the community is dependent on our business for employment opportunities and for our products and services.

Longwall West encourages and supports your participation in service activities that contribute to the community. We will reimburse up to three (3) hours per month at your regular hourly rate, and allow you to take three (3) hours of normal work time to participate in an approved community service activity. The time must be scheduled at least two (2) weeks in advance and approved by your manager.

For reimbursement, provide your manager with a voucher from the community organization where you served, indicating the date and amount of time contributed. Some eligible service activities might include:

Blood drive

Community health screening

Community clean-up projects

Big Brothers/Big Sisters activities

Food drive

Toys for Tots

United Way drives

Community recycling center

Local museum

Red Cross

Assisting physically challenged or confined individuals (This must be through a community organization.)

Assisting elderly citizens (This must be through a community organization)

Company Meetings

On occasion, we may request that you attend a company sponsored meeting. If this is scheduled during your regular working hours, your attendance is required. If it is held during you non-working hours and you decide to attend, you will be paid for the time spent at the meeting, but only if you are one of our “non-exempt” employees. (If you are qualified for overtime pay by virtue of working more than forty hours that same work week, then you will receive your overtime rate.)

If you are a “non-exempt” employee, you are under no obligation to attend a company meeting which is held outside of regular working hours. No one in management is permitted to exert any degree of pressure on you to attend.

Computer Software (Unauthorized Copying)

Longwall West does not condone the illegal duplication of software. The copyright law is clear. The copyright holder is given certain exclusive rights, including the right to make and distribute copies. Title 17 of the U.S. Code states that “it is illegal to make or distribute copies of copyrighted material without authorization” (Section 106). The only exception is the users’ right to make a backup copy for archival purposes (Section 117).

The law protects the exclusive rights of the copyright holder and does not give users the right to copy software unless a backup copy is not provided by the manufacturer. Unauthorized duplication of software is a Federal crime. Penalties include fines of as much as $250,000, and jail terms of up to five years.

Even the users of unlawful copies suffer from their own illegal actions. They receive no documentation, no customer support and no information about product updates.

Longwall West licenses the use of computer software from a variety of outside companies. Longwall West does not own this software or its related documentation and, unless authorized by the software manufacturer, does not have the right to reproduce it.

With regard to use on local area networks or on multiple machines, Longwall West employees shall use the software only in accordance with the license agreement.

Longwall West employees learning of any misuse of software or related documentation within the company shall notify the department manager or Longwall West legal counsel.

According to the U.S. Copyright Law, illegal reproduction of software can be subject to civil damages and criminal penalties, including fines and imprisonment.

5 .Longwall West employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include dismissal.

Contributions

Longwall West makes donations to worthwhile charities and colleges in its own name. Contributions considered worthwhile include the United Way, health drives, and community youth activities.

Contributions are made only in communities where we have a store location or where our employees benefit from these contributions. We make no contributions to churches or other organizations where such contributions will only benefit the members of that organization. The general rule is that the cause must be for the good of the entire community. All decisions concerning contributions are made by an officer of Longwall West. Longwall West does not exceed its budgeted allowance for contributions.

Please make others aware of this policy should you be asked to solicit Longwall West for contributions which don’t meet these standards.

Conversion Privileges

At your exit interview or upon dismissal, you will learn how you can continue your insurance coverage and any other benefits you currently enjoy as an employee who is eligible for continuation.

Department Meetings

From time to time, your manager will schedule department meetings before, during, or after work. It’s to your advantage to be at these meetings. They give you and your fellow workers a chance to receive information on Longwall West events, to review problems and possible solutions, and to make suggestions about your department or your job.

If your attendance at Department Meetings is mandatory, you will be informed in writing. Failure to attend may involve a penalty.

Note: See “Company Meetings” earlier in this section for further information.

Discounting

Employees giving discounts to friends is one of the most common abuses any company can face—we understand that it can be tempting to give friends a “good deal.” Yet, for every free or reduced-price item that a customer receives, there’s yet another dent in the

company’s profitability. Remember, the smaller that this profitability becomes...

The less merchandise we can afford to buy;

The higher the prices we will have to charge;

The less likely we can afford to increase your pay;

The fewer the employees we can afford to keep; and

The lower the chances that we can hire some much needed help.

This is our company’s policy concerning employee discounting:

The discount privilege is offered for the use of employees and the members of their immediate family. Under no circumstances should company products be removed from the premises unless accompanied by a receipt from Longwall West. Employees are permitted to buy company products a discount for personal use or t o give as gifts, but it is an abuse of the discount privilege to buy items from Longwall West on behalf of people outside your immediate family. Longwall West considers such behavior a form of theft and violators will be treated accordingly.

When faced with the temptation to give discounts to friends, please decide against it. If you’re being pressured, explain that you could lose your job over it (you could!).

If you become aware of a fellow employee about to give a friend (or customer) an unauthorized discount, drop a hint—tell him or her something like “I don’t think that’s a good idea,” or “Remember, that discount’s just for employee use.” If you know of others who have discounted or given away items in the past, please discuss the matter with your manager at your convenience.

We must continually work together to remove the threats posed by unauthorized discounting. This is a company priority.

Note: See “Theft” later on in this section for further information

Dress Code/Personal Appearance

Please understand that you are expected to dress and groom yourself in accordance with accepted social and business standards, particularly if your job involves dealing with customers or visitors in person. Each manager or department head is responsible for establishing a reasonable dress code appropriate to the job you perform.

A neat, tasteful appearance contributes to the positive impression you make on our customers. You are expected to be suitable attired and groomed during working hours or when representing Longwall West. A good clean appearance bolsters your own poise and self-confidence and greatly enhances our company image. When working at a customer’s site, please observe what the customer is wearing and dress appropriately.

Personal appearance should be a matter of concern for each employee. If your manager feels your attire is out of place, you may be asked to leave your workplace until you are properly attired. You will not be paid for the time you are off the job for this purpose. Your manager has the sole authorization to determine an appropriate dress code, and anyone who violates this standard will be subject to appropriate disciplinary action.

Employee Referral

Open positions will be posted on our bulleting board. You are encouraged to recommend and refer qualified candidates for employment with Longwall West. If you know of someone who would like to work here, we will be glad to consider them for appropriate openings. Notify your manager and be sure the individual mentions your name when contacting Longwall West.

Entering & Leaving the Premises

At the time you are hired, you will be advised about the proper entrances and exits for our employees. You are expected to abide by these rules at all times. Failure to do so will lead to disciplinary action.

Exit interviews

In instances where an employee voluntarily leaves our employ, Longwall West management would like to discuss your reasons for leaving and any other impressions that you may have about Longwall West. If you decide to leave, you will be asked to grant us the privilege of an exit interview. During the exit interview, you can express yourself freely. It is hoped that this exit interview will help us part friends, as well as provide insights into possible improvements we can make. All information will be kept strictly confidential and will in no way affect any reference information that Longwall West management will provide another employer about you.

Expense Reimbursement

You must have your manager’s written authorization (requisition/purchase order, etc.) prior to incurring an expense on behalf of Longwall West. To be reimbursed for all authorized expenses, you must submit an expense report/voucher accompanied by receipts and approved by your manager. Please submit your expense report/voucher each month.

If you are asked to conduct company business using your personal vehicle, you will be reimbursed at the rate of .35 cents (mileage reimbursement rate) per mile. Please submit this expense on your monthly expense report/voucher.

First Aid

Federal law (“OSHA”) requires that we keep records of all illnesses and accidents which occur during the workday. The Utah state Workers’ Compensation Act also requires that you report any illness or injury on the job, no matter how slight. If you hurt yourself or become ill, please contact your manager for assistance. If you fail to report an injury, you may jeopardize your right to collect workers’ compensation payments as well as health benefits. OSHA also provides for your right to know about any health hazards which might be present on the job. Should you have any questions or concerns, contact your manager for more information.

Gifts

Advance approval from management is required before an employee may accept or solicit a gift of any kind from a customer, supplier, or vendor representative. Employees are not permitted to give gifts to customers or suppliers, except for certain promotional “premiums” (t-shirts, coffee mugs, pens, key chains, etc.) imprinted with the Longwall West logo or sales information.

Grievances

Our goal is to maintain a comfortable working environment for everybody. We do this in several ways:

By treating each of you as an individual and encouraging your maximum development;

By recognizing that each of you is essential to the success and growth of Longwall West; and

By maintaining direct communications with all of our employees and ensuring that each and every one of you can speak directly and openly with our management team.

We believe that his type of communication, without interference from any outside party, is best for all concerned. Therefore, when you wish to express your problems, opinions, or suggestions you will always find an open door and an attentive ear.

As time goes by and Longwall West grows, we will continue to listen and respond to your questions and comments.

Resolving Problems

Whenever you have a problem or complaint, we expect you to speak up and

communicate directly with us. You can take the following step:

Talk to your immediate manager. Your manager is most familiar with you and your job and is, therefore, in the best position to assist you. Your manager works closely with you, and is interested in seeing that you are treated fairly and properly.

Remember—it is always best to resolve problems right away. Little problems tend to turn into big problems; facts become confused; resentment and anger builds up. It is always best to get things off your chest before they get out of hand.

Housekeeping

Neatness and good housekeeping are signs of efficiency. You are expected to keep your work area neat and orderly at all times—it is a required safety precaution.

Easily accessible trash receptacles and recycling containers are located throughout the building. Please put all litter and recyclable materials in the appropriate receptacles and containers. Please don’t put cigarettes out on the floor or throw ashes into any container not meant for that purpose. Always be aware of good health and safety standards, including fire and loss of prevention.

Please report anything that needs repairing or replacing to your manager immediately.

Inspection of Packages

Longwall West reserves the right to inspect all packages or closed containers brought into or taken out of the work area.

Labor Unions

Our employees are not represented by a labor union; however Longwall West’s policy is to provide wages and benefits that compare favorable with those at other companies in our region and industry. We also strive to provide the safest and best possible working conditions for you.

One of Longwall West’s primary goals is to successfully meet its responsibilities to you, our employee, both as an individual, and as a contributing member of Longwall West. This is accomplished by managing Longwall West in such a way that you will always be treated with respect and dignity. We believe every person deserves to be treated in this manner, in any situation. We also believe this principle helps make Longwall West successful. And, in this environment, we can work together to solve any problems that may arise.

Layoff & Recall

In the unlikely event of a reduction in workforce, employees will be laid off based on skills and abilities as well as seniority. Please understand that if the skills and abilities of two employees are equal, seniority will be the determining factor in the layoff decision.

Life-Threatening Illnesses

Longwall West recognizes that employees with a life-threatening illness, including, but not limited to, cancer, heart disease, and AIDS, may wish to continue to engage in as many of their normal pursuits as their condition allows, including work. These employees must be able to meet acceptable performance standards. Performing normal job functions must not exacerbate their condition. Medical evidence must indicate that their condition is not a threat to other workers.

Managers need to be sensitive to the employee’s condition and ensure that the employee is treated consistently with other employees. Longwall West seeks to provide a safe work environment for all employees and customers. Therefore, precautions should be taken to ensure that any employee’s condition does not present a health and/or safety threat to other employees or customers.

When dealing with situations involving employees with life-threatening illnesses, managers should:

Remember that an employee’s health condition is personal and confidential, and reasonable precautions should be taken to protect information regarding an employee’s health condition.

Contact your manager if you believe that you or other employees need information about terminal illness, or a specific life-threatening illness, possible contagion, or if you need further guidance in managing a situation that involves an employee with a life-threatening illness.

Contact your manager to determine if a statement should be obtained from the employee’s attending physician that continues presence at work will pose no threat to the employee, co-workers, or customers. Longwall West reserves the right to require an examination by a medical doctor appointed by the company.

Make reasonable accommodation for employees with a life-threatening illness provided that any accommodations made do not require significant difficulty or expenses.

Make a reasonable attempt to transfer employees with a life-threatening illness who request a transfer and are experiencing undue emotional stress.

Be sensitive and responsive to co-workers’ concerns.

Do not give special consideration beyond normal transfer requests for employees who feel threatened by a co-worker’s life-threatening illness.

Be sensitive to the fact that continued employment for an employee with a life-threatening illness may sometimes be therapeutically important in the remission or recovery process, or may help to prolong that employee’s life.

Managers

Your immediate manager is the person on the management team who is closest to you and your work. Your day-to-day contact with your manager gives you a chance to receive guidance and counsel regarding your assignments and the progress you make on your job. Your manager can show you how your work fits into the overall picture, teach you how to do things, explain the “how’s” and “whys,” and encourage you when things look a little though.

Your manager is in complete charge of the department. He or she is responsible for the efficient operation of the department. Your manager has authority to hire and dismiss, to assign work, recommend pay increases, transfers or promotions, and to maintain order and discipline. This may be accomplished by the manager personally or through his or her assistance.

Remember, your manager knows most of the answers, and, if not, knows where to get them. Your manager probably started in a job much like yours and can guide and help you. Your manager wants you to succeed. Please get to know your manager, and when you need help or have questions, complaints, problems, or suggestions, contact your manager first. He or she is interested in your success, the success of every member of your department, and the overall success of Longwall West.

Your manager is human, has many responsibilities, and needs your cooperation, assistance, and loyalty. He or she wants to help you – that’s their job – so please ask, and please be willing to meet your manager half way. If he or she cannot help you or answer your question, your question will be referred to someone who can. You can expect to be treated fairly and with respect. Like Longwall West, your manager has a direct interest in you. He or she wants you to consider him or her as your advisor, friend and mentor. Go to your manager for information about your job, your pay, or other matters of company policy.

Please don’t overburden your manager with questions that can be answered by reading this manual or by checking bulletin boards. Do feel free to ask for clarification of regulations or responsibilities. Any problem that hinders the efficient completion of your responsibilities should be taken up with your manager.

Open Door Policy & Counseling

Normally, you will be expected to use the Grievance Procedure outlined earlier in this Manual to resolve a problem. However, if the problem or complaint is of a personal nature, or a very delicate matter, you may meet first with any member of management, including the President, to discuss it. He or she will decide if you should first discuss the problem with your immediate manager. If so, you will be directed to use the Grievance Procedure. If the complaint, suggestion, or question is of such a nature that resolution would be hampered by the Grievance Procedure, the management person you contact will take the appropriate action.

Outside Activities

No employee may take an outside job, either for pay or as a donation of his or her personal time, with a customer or competitor or Longwall West; nor may they do work on their own if it competes in any way with the sales of products or services we provide our customers. If your financial situation requires you to hold a second job, part-time or full-time, or if you intend to engage in a business enterprise of your own, we would like to know about it. Before accepting any outside employment it would be a good idea to discuss the matter with your manager.

Parking Lot

You are encouraged to use the parking areas designated for our employees. Please keep in mind that the parking spaces adjacent to or in front of our building(s) are for customers and visitors only. Remember to lock your car every day and park within the specified areas.

Courtesy and common sense in parking will avoid accidents, personal injuries, damage to your vehicle and to the vehicles of other employees. If you should damage another car while parking or leaving, immediately report the incident, along with the license numbers of both vehicles and any other pertinent information you may have, to your manager.

Longwall West does not assume any liability for any loss or damages you may sustain.

Payroll Advances

Longwall West rarely advances or loans money to employees. In the event you must borrow against your paycheck, you must first discuss your situation with your manager. If he or she feels that your request is justified, an “Employee I.O.U.” form will be provided for you to fill out and sign.

Note: See “Deductions (Other)/Direct Deposit” in the “Compensation & Performance” section for further information.

Personal Phone Calls & Mail

Our telephone bills can be astronomical. Please keep personal phone calls to a

minimum — they must not interfere with your work. You are permitted to make limited local area calls on company telephones for essential personal business during lunch or “break” periods only. If personal long distance are necessary, Longwall West suggest employees use a personal calling card, or make the call collect. Please do not abuse this privilege. Emergency calls regarding illness or injury to family member, changed family plans, or calls for similar reasons may be made at any time. Incoming urgent calls will be directed to you.

Please don’t use Longwall West as a personal mailing address, and do not put personal mail in the stacks that are to be run through the postage meter. Although the amount may seem small, it is still considered theft.

Personal Property

Due to the strict liability guidelines of our insurance carrier, under no circumstances are you allowed to keep personal equipment or vehicles on Longwall West property where damage or fire could result.

Personal Use of Company Property

If you want to use company equipment or tools during or after work hours for personal benefit, you must have the approval of your manager. You must have a written pass before removing the equipment or tools from Longwall West property. You understand and agree that Longwall West is not liable for personal injury incurred during the use of company property for personal projects.

As a Longwall West employee, you accept full responsibility for any and all liabilities for injuries or losses which occur, or for the malfunction of equipment. You are responsible for returning the equipment or tools in good condition, and you agree that you are required to pay for any damages that occur while using the equipment or tools for personal projects.

Promotion Policy

It is our policy to advise all employees about advancement opportunities by means of bulleting boards or other suitable methods. Please submit your request for consideration for a specific position directly to your manager.

Whenever a position becomes available, every effort will be made to fill it by promoting a qualified employee. Jobs will be awarded based on individual ability and past job

performance, as well as length of service if two people have similar qualifications. By utilizing all opportunities for education and performing your job excellently, you may become qualified to fill a position of greater skill, responsibility and value at Longwall West. Longwall West will always continue to look outside the company for potential employees as well.

Whenever you are learning a new job, or if your abilities are unknown in a particular job, you will be classified as a trainee during the time necessary for you to gain experience to do the job. The length of training time for any given job is governed by the experience required for that job and your learning ability. You will be reviewed every ninety (90) days while training. At these reviews, you may receive an increase in pay, timed so that upon completion of the training period, you will be receiving a wage comparable to others in the job.

Property & Equipment Care

It is your responsibility to understand the machines you need to use to perform your duties. Good care of any machine that you use during the course of your employment, as well as the conservative use of supplies, will benefit you and Longwall West. If you find that a machine is not working properly or in any way appears unsafe, please notify your manager immediately so that repairs or adjustments may be made. Under no circumstances should you start or operate a machine you deem unsafe, nor should you adjust or modify the safeguards provided.

Resignation

While we hope both you and Longwall West will mutually benefit from your continued employment, we realize that it may become necessary for you to leave your job with Longwall West. If you anticipate having to resign your position with Longwall West, you are expected to notify your manager at least two (2) weeks in advance of the date that you must leave.

Restricted Areas

In the interest of safety and security, certain portions of Longwall West’s facilities may be restricted to authorized personnel only. Such areas will be clearly marked. Some areas may be designated no smoking areas as well.

Note: See “Smoking” later on in this section for further information.

Return of Company Property

Any Longwall West property issued to you, such as product samples, tools or uniforms,

must be returned to Longwall West at the time of your dismissal or resignation, or

whenever it is requested by your manager or a member of management. You are responsible to pay for any lost or damaged items. The value of any property issued and not returned may be deducted from your paycheck, and you may be required to sign a wage deduction authorization for this purpose.

Safety Rules

Safety is everybody’s business. Safety is to be given primary importance in every aspect of planning and performing all Longwall West activities. We want to protect you against industrial injury and illness, as well as minimize the potential loss of production.

Please report all injuries (no matter how slight) to your manager immediately, as well as anything that needs repair or is a safety hazard. Below are some general safety rules. Your manager or department head may post other safety procedures in your department or work area:

Avoid overloading electrical outlets with too many appliances or machines.

Use flammable items, such as cleaning fluids, with caution.

Walk—don’t run.

Use stairs one at a time.

Report to your manager if you or a co-worker becomes ill or is injured.

Ask for assistance when lifting heavy objects or moving heavy furniture.

Smoke only in designated smoking areas.

Keep cabinet doors, file, and desk drawers closed when not in use.

Never empty an ash tray into a waste basket or open receptacle.

Sit firmly and squarely in chairs that roll or tilt.

Wear or use appropriate safety equipment as required in your work.

Avoid “horseplay” or practical jokes.

Start work on any machine only after safety procedures and requirements have been explained (and you understand them).

Use air hoses only for the use intended. Avoid blowing air at yourself or anyone else.

Wear appropriate personal protective equipment, like shoes, hats, gloves, goggles, spats, hearing protectors, etc., in designated areas or when working on an operation which requires their use.

Keep your work area clean and orderly, and the aisles clear.

Stack materials only to safe heights.

Watch out for the safety of fellow employees.

Use the right tool for the job, and use it correctly.

Wear gloves whenever handling castings, scrap, barrels, etc.

Operate motorized equipment only if authorized by your immediate manager. All operators must be licensed by Longwall West.

Remember, failure to adhere to these rules will be considered serious infractions of safety rules and will result in disciplinary actions.

Safety Rules When Operating Machines & Equipment

Machine guards must be in place while machines are in operation.

Loose clothing, jewelry, or rings must be removed before operating machinery.

You must have steel toe shoes and (if necessary) prescription eye protection to start the job.

Required personal protective equipment, except for prescription glasses and steel toe shoes, will be issued to you by your manager.

Steel toe shoes may be purchased through Longwall West on a contributory basis only after you have completed your Introductory Period. Prescription eye protection may be purchased through on a contributory basis. You will be reimbursed by Longwall West for a portion of the price of steel toe shoes purchased from an outside source, after completion of an expense report (with receipt attached).

Replacement for mandatory personal protective equipment which has been purposely destroyed or lost may be purchased by you at cost. You may purchase personal protective equipment that is not mandatory through Longwall West at a reduced cost.

We will continue to provide a clean, safe, and healthy place to work and we will provide the best equipment possible. You are expected to work safely, to observe all safety rules

and to keep the premises clean and neat. Remember that carelessly endangering yourself or others may lead to disciplinary action, including possible dismissal.

Security

Maintaining the security of Longwall West buildings and vehicles is every employee’s responsibility. Develop habits that insure security as a matter of course. For example:

Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible.

Know the location of all alarms and fire extinguishers, and familiarize yourself with the proper procedure for using them, should the need arise.

When you leave Longwall West’s premises make sure that all entrances are properly locked and secured.

Seniority

Many of your benefits, like vacations, are determined by seniority. Also, seniority is one of the factors recognized when making promotions. Therefore, seniority is very important to you as an employee.

You must complete an Introductory Period when you are hired. During this period, you carry no seniority rights. If you are retained after the Introductory Period, you will be credited with seniority. Your seniority will reflect your length of employment beginning on the date on which you began work (anniversary date).

Smoking

Longwall West discourages its employees from smoking. Smoking is regarded as a poor health habit which can detract from performance and is often offensive to co-workers and/or customers. While we cannot regulate employee conduct off the job or outside of work hours, we feel it is our responsibility to provide a workplace free of exposure to hazardous substances, and therefore established our facility and business as a smoke-free workplace. All employees are expected to abide by this policy while at work.

As a smoke-free workplace, smoking is also prohibited in all company vehicles. Anyone caught smoking in a company vehicle will be terminated immediately.

Solicitations & Distributions

Solicitation for any cause during working time and in working areas is not permitted. You are not permitted to distribute non-company literature in work areas at any time

during working time. Working time is defined as the time assigned for the performance of your job and does not apply to break periods and meal times. Working areas do not include the lunch room or the parking areas. Solicitation during authorized meal and break periods is permitted so long as it is not conducted in working areas. However, employees are not permitted to sell chances, merchandise, or otherwise solicit money or contributions without management approval.

Persons not employed by Longwall West are prohibited from soliciting or distributing literature on company property.

Substance Abuse

Longwall West has a vital interest in maintaining safe, healthful, and efficient working conditions for its employees. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user, but to all those who work with the user, as well as our customers.

Longwall West also recognizes that its own health and future are dependent upon the physical and psychological health of its employees. Accordingly, Longwall West has established the following guidelines with regard to use, possession or sale of alcohol or drugs:

Longwall West will maintain pre-employment screening practices designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal drugs or alcohol indicates a potential for impaired or unsafe job performance.

The manufacture, possession, use, distribution, sale, purchase, or transfer of, or being under the influence of, alcohol or illegal drugs is strictly prohibited while on Longwall West premises or while performing company business. Holiday gifts of alcohol, which are given or received by employees, but are not opened or consumed on company premises, although not encouraged, would not be considered a violation of this policy.

Employees will not be permitted to work while under the influence of drugs or alcohol. Individuals who appear to be unfit for duty may be subject to a medical evaluation which may include drug or alcohol screening. Refusal to comply with a fitness-for-duty evaluation may result in disciplinary action up to and including discharge.

Off-the-job illegal drug use which could adversely affect an employee’s job performance or which could jeopardize the safety of other employees, the public or company facilities, or where such usage could jeopardize the security of company finances or business records, or where such usage adversely affects customers’ or the public’s trust in the ability of the company to carry out its

responsibilities, will not be tolerated. Employees who are involved in or suspected

of involvement in off-the-job drug activity will be considered in violation of this

policy.

Employees undergoing prescribed medical treatment with a controlled substance that may affect the safe performance of their duties are required to report this treatment to their manager through their personal physician.

Longwall West recognizes that alcoholism/drug abuse is a form of illness that is treatable in nature. The company shall not discriminate against employees based on the nature of their illness.

No employees shall have their job security threatened by their seeking of assistance for a substance abuse problem. The same consideration for referral and treatment that is afforded to other employees having non-drug/alcohol related illnesses shall extend to them.

Every effort shall be made to provide an early identification of a substance abuser, to work with and assist the employee in seeking and obtaining treatment without undue delay.

Early identification of the substance abuser shall be based upon job performance and related criteria, as well as resulting impairment on the job from the job activities. The manager of the employee shall bring such information to the attention of the designated representative for further evaluation. An employee who voluntarily seeks treatment for a substance abuse problem which requires a leave of absence for treatment shall be granted such leave of absence and further shall be eligible for benefits under the specifications of the existing insurance policy.

Nothing in this policy is construed to prohibit the corporation from its responsibility to maintain a safe and secure work environment for its employees or from invoking such disciplinary actions as may be deemed appropriate for actions of misconduct by virtue of their having arisen out of the abuse of alcohol or drugs or both.

Suggestions

We encourage all employees to bring forward their suggestions and good ideas about how our company can be made a better place to work, our products improved, and our service to customers enhanced. When you see an opportunity for improvement, please talk it over with your immediate manager. He or she can help you bring our idea to the attention of the people in the company who will be responsible for possibly implementing it.

Theft

Internal theft is a serious problem for Longwall West. Although taking small items of Longwall West property may seem inconsequential, the cumulative effect can be very large. Stealing from the company is like stealing from yourself. Losses from theft immediately affect our ability to increase salaries and can jeopardize the profitability of the company.

Property theft of any type will not be tolerated by Longwall West. We consider property theft to be the unauthorized use of company services of facilities or the taking of any company property for personal use. The following list of examples is not all-inclusive, but provides illustrations of several activities which are unacceptable.

Use of company copy machines for personal use. The office copiers are not provided as a free service to employees. If you wish to use a company copier for personal use, please follow the established procedure for reimbursement of Longwall West. Failure to do so is a form of property theft.

Use of computers. Longwall West’s personal computers (the personal computers in the office, or laptops made available for work away from the office) are to be used exclusively for business purposes unless you receive permission from your manager and arrange to reimburse Longwall West. Permission will be given for the use of personal computers during non-business hours so long as employees record all time, for which they will be charged, and supply their own diskettes.

Taking of company property. No item purchased or supplied by Longwall West should ever be removed from company premises without express authorization of your immediate manager and the proper paper work associated with the situation. This rule applies to all company property including raw materials used in manufacturing plants, mechanics’ tools, computers, and even pens and paper. All employees may be subject to random searches as they leave company facilities. Your manger has been given detailed instructions on the circumstances in which he or she can authorize you to borrow company equipment or to take samples of your work home. A checkout procedure will be used, and if you fail to return any item removed on schedule, the value of the items will be charged against your paycheck and you may be subject to disciplinary action for theft.

Penalty Clause

The penalty for any incidence of unauthorized possession or removal of company property is immediate dismissal. All examples of unauthorized possession or removal of company property, regardless of the employee’s past record, seniority, or the dollar value of the item, will be treated equally. If you are dismissed because of unauthorized

provided to any future employer that contacts Longwall West. In addition, you may be subject to prosecution.

Excerpted with permission from a 1988 special report, Thieves at Work: An Employers Guide to Combating Workplace Dishonesty (BSP 98) published by The Bureau of National Affairs, Inc.

Traffic Violations

If you are authorized to operate a company vehicle in the course of your assigned work, or if you operate your own vehicle in performing your job, you will be considered completely responsible for any accidents, fines, or traffic violations incurred. Your manager will advise you on what to say and do (and what not to say and do) in the event of a vehicular accident.

In the unlikely event that you are permanently transferred for Longwall West’s benefit to

a lower position, your wage [may need to be adjusted to suit the new position/will remain the same]. If you are permanently transferred to a lower position because there is no work in your department, your wage must be reduced to suit the job to which you are transferred.

Use of Company Vehicle

If you are authorized to use a Longwall West vehicle for company business, you must adhere to the following rules:

You must be a licensed driver.

You must maintain daily mileage reports

You are responsible for following all the manufacturer’s recommended maintenance schedules to maintain valid warranties, and for following the manufacturer’s recommended oil change schedule.

You are responsible for paying any moving violation tickets. Also, please park appropriately – parking violations will not be paid by Longwall West.

You must keep the vehicle clean at all times, and washed and vacuumed as often as necessary.

You must not allow persons not authorized or employed by Longwall West to operate or ride in a company vehicle.

Prior to operation of any company vehicle, your manager will train you on the appropriate steps to take if you are involved in an accident – filling out the accident report, getting names of witnesses, etc.

Note: See “Driver’s License & Driving Record” in the “Employment” section of this Manual and “Traffic Violations” earlier in this section for further information.

Visitors

Our insurance coverage and good common sense prohibits unescorted visitors in our facilities. Visitors are not permitted on Longwall West property without prior permission from your manager; no visitors are permitted in working areas. If you are expecting visitors, please request permission from your manager and ask your visitors to see your manager when they arrive.

Violations of Policies

You are expected to abide by the policies in this Manual. Failure to do so will lead to appropriate disciplinary action. A written record of all policy violations is maintained in each individual’s personnel file. A partial list of causes for possible disciplinary action (“Unacceptable Activities”) is presented under “Standards of Conduct” in the “Employment” section of this Manual. This list is not to be considered all-inclusive.